Farmers' & Merchants' National Bank v. Elizabethtown National Bank

Citations

• 30 Pa. Super. 271
• 1906 Pa. Super. LEXIS 60

Syllabus

<p>Banks and Banking — Check—Guaranty of payment — Telegram.</p> <p>Where a national bank upon which a check is drawn telegraphs through its cashier to another bank in response to an inquiry, that the check is good and will be paid, and the second bank relying upon the telegram cashes the check, the bank upon which the check was drawn cannot justify its subsequent refusal to pay the check, on the ground that the drawer had, in the meantime, stopped payment of it.</p> <p>Evidence — Affidavit of defense — Collateral issue.</p> <p>A plaintiff has a right to offer the affidavit of defense for the purpose of proving the admissions contained therein, but this does not open up collateral issues in no way raised by nor contained in the offer.</p>