First N. B. of Tamaqua v. Shoemaker

Citations

• 117 Pa. 94
• 11 A. 304
• 1887 Pa. LEXIS 239

Syllabus

<p>1. Although, there may be funds of the drawer in the bank sufficient to pay his check at the time of presentment, yet the payee has no right of action upon the cheek when there has been no acceptance by the bank.</p> <p>2. The drawer of a bank check payable to another has no right of action upon the cheek himself; therefore, where a suit has been brought by the payee against the drawee, the record may not be amended by substituting as the plaintiff the drawer for the use of the payee.</p> <p>3. Although the drawer of a bank check may recover in tort damages incurred from the dishonor of his check, or in assumpsit the balance of a credit in Ms favor, yet where such rights of action are barred by the statute of limitations, it is error to permit an amendment substituting the drawer to the use of the payee as plamtiff in a suit brought upon the check by the payee alone.</p>