Howard H. Clark & Co. v. Warren Savings Bank

Citations

• 31 Pa. Super. 647
• 1906 Pa. Super. LEXIS 275

Syllabus

<p>Banks and banking — Checks—Acceptance—Payment—Actions—Act of May 10, 1881, P. L. 17.</p> <p>In Pennsylvania the holder of a check cannot maintain an action in his own name against the bank on which the check is drawn, unless the bank has accepted it.</p> <p>The act of a bank in paying a check on a forged indorsement and its subsequent act of charging the check against the account of the drawer, is not an acceptance in writing signed by the acceptor within the meaning of the Act of May 10, 1881, P. L. 17, which declares “ that no person within this state shall be charged as an acceptor on a bill of exchange, draft, or order drawn for the payment of money, exceeding twenty dollars, unless his acceptance shall be in writing, signed by himself or his lawful agent.”</p> <p>First National Bank v. Whitman, 94 U. S. 343, considered and followed; Seventh National Bank v. Cook, 73 Pa. 483, considered and distinguished.</p>