Knights of Joseph Building & Loan Ass'n v. Guarantee Trust & Safe Deposit Co.

Citations

• 69 Pa. Super. 89
• 1918 Pa. Super. LEXIS 328

Syllabus

<p>Banks and banking — Forging check — Duty of depositor — Notice —Appeals—Party aggrieved.</p> <p>The duty of a depositor of a bank upon discovering that it has paid and charged to his account either a check bearing his forged signature as a drawer, or his check on the forged endorsement of the payee, is to promptly notify it of the forgery, and if he delays to do so for five weeks and the bank has no information from other sources of the forgery, the depositor cannot hold the bank for the loss.</p> <p>Where in an action by a depositor against a bank, to recover damages for payment of a cheek, the endorsement of which had been forged, the trial court erroneously enters judgment for the plaintiff, a collecting bank, which had guaranteed the endorsement, has a standing, although not a party to the suit, -to appeal the case as a party aggrieved within the meaning of the Act of May 22, 1722, Sec. 9,1 Sm. L. 138.</p>