Judge v. West Philadelphia Title & Trust Co.

Citations

• 68 Pa. Super. 310
• 1917 Pa. Super. LEXIS 119

Syllabus

<p>Banks and banking — Checks—Endorsement of check — Identification — ‘-Acts of April 5, 1819, P. L. Jf26, and May 16, 1901, P. L. m.</p> <p>Where a person not known to the paying teller of a bank presents for payment a check endorsed by the payee, and also by himself, and the teller refuses to cash the check unless it is endorsed by a' depositor of the bank, and the person presenting the check requests a depositor to endorse it, who does so, and the proceeds are paid to the person presenting the check, the depositor who endorsed the cheek will be liable to the bank, if it subsequently appears that the cheek was forged, and that the depositor was duly notified by the bank of this fact.</p> <p>In such a case the depositor cannot defend on the ground that he merely endorsed the cheek for the purpose of identifying the person who presented it, if the paying teller testifies that the depositor’s endorsement was required because he was to assume the responsibility for the payment of the check, and that this was definitely understood by him, and such testimony is not overcome by clear, precise and indubitable proof.</p>