G. N. Wagner & Bro. v. Crook

Citations

• 167 Pa. 259
• 31 A. 576
• 1895 Pa. LEXIS 890

Syllabus

<p>Banks and banking — Checks—Negligence—Collection—Sending check to drawee.</p> <p>Where bankers, the drawees of a check, receive it direct from another bank, which is acting as agent of the payee for its collection, the drawees having in their hands sufficient funds of the drawer to pay it, and they neglect to pay it, and subsequently fail, the sending the check direct to the drawees is such negligence in the agent bank as will prevent the payee from recovering the amount of the check from the drawer.</p> <p>In such case if the drawer, on a misrepresentation of facts by the payee, send him a duplicate check at his request, it will not affect the status of the parties so as to enable the payee to recover.</p>