Gonder v. Farmers National Bank

Citations

• 259 Pa. 197
• 102 A. 510
• 1917 Pa. LEXIS 538

Syllabus

<p>. Banks and banking — Bank deposits — Transactions outside of usual banking hours — Liability of bank — Evidence — Entry in bank’s books — Attorney and client — Privileged communication.</p> <p>1. At the request of a depositor in a bank, who desired to transfer certain funds on deposit in the savings department of the bank to her husband, the cashier of the bank went to the home of the depositor to arrange the transfer. He prepared a receipt for $701.20, which the depositor signed. The cashier entered credit in the pass book of the depositor’s husband for $701.20, and on the books of the bank entered a withdrawal of $701.20 from the account of the depositor. No money was paid to the cashier at the home of the depositor. He withdrew from the bank the amount of tbe receipt and misappropriated it. In an action by the husband of the depositor against the bank for the amount misappropriated, the lower court decided that the bank was liable. Reid, no error.</p> <p>2. In such case it was not error to refuse to permit the bank to offer in evidence its loose-leaf ledger sheet showing the omission of the item, as the bank could not relieve itself from paying money because its officers failed to make a proper entry on its books.</p> <p>3. Where an item of $1,500 was withdrawn from plaintiff’s account by the cashier without any evidence that he was authorized to make such withdrawal, the jury were properly instructed to allow the plaintiff to recover the amount thereof.</p> <p>4. Where another item of $3,000 was withdrawn by the cashier from the plaintiff’s account, the fact that- he deposited with the papers in the bank a receipt signed by himself, for the plaintiffs did not establish the agency of the cashier for the withdrawal of the fund or justify the submission of the question of the agency of the cashier to the jury.</p> <p>5. In such case the exclusion of the bank’s ledger sheet showing the withdrawal of such items of $1,500 and $3,000 was not error, as the bank coul