Iron City N. Bank v. McCord

Citations

• 139 Pa. 52
• 21 A. 143
• 1891 Pa. LEXIS 957

Syllabus

<p>[To be reported.]</p> <p>(as) A depositor in a sayings bank drew an order thereon payable nine weeks from date. Upon the upper margin of the blank form used ' were printed the words, ‘‘Return notice ticket with this order.” On the lower margin, below the drawer’s signature, were the following printed words : “ Deposit book must be at bank before money can be paid: ”</p> <p>1. There was enough on the face of the order to show that, in the commercial sense, it was not a regular check and was not intended to oper-ate as such, but was drawn on a specially deposited fund, held by the bank subject to certain rules and regulations requiring certain things to be done before payment of the order could be required.</p> <p>2. The effect of these requirements was to render the order non-negotiable; as it is well settled that anything written or printed on an instrument, otherwise negotiable, prior to its issuance by the maker and tending to restrain or qualify it, must be regarded as part of the contract intended to be evidenced thereby.</p>