Ingber v. Tradesmen's National Bank

Citations

• 230 Pa. 511
• 79 A. 751
• 1911 Pa. LEXIS 642

Syllabus

<p>Banks and banking — Loans—Collateral security — Certified checks— Insolvency — Executors and administrators — Decedents’ estates.</p> <p>In an action by the executors of an insolvent decedent against a bank to recover an alleged balance on deposit in decedent’s name, judgment is properly directed in favor of the defendant where it appears that the decedent, who carried an active account with the bank and desired to make some loans, entered into an agreement with the bank in which it was stipulated that he would draw a check upon his account for the amount in suit, which check should be certified by the bank, properly indorsed, and then be retained by the bank as collateral for any indebtedness of the maker to the bank, and the uncontradicted testimony shows that upon the very day when the check was certified it was immediately charged upon the books of the bank against the account of the decedent, in whose lifetime the books were balanced showing the charge thus made, and that at the time of decedent’s death his own bank book showed the appropriation by the bank of the amount for which the certified check was drawn.</p>