Lazar v. State Bank

Citations

• 74 Pa. Super. 1
• 1920 Pa. Super. LEXIS 78

Syllabus

<p>Banks — Banking—Dishonoring of check — Evidence.</p> <p>In an action by a depositor to recover damages from a bank for dishonoring a check for $43, evidence was produced to show that the plaintiff, on the day of the dishonoring of the check for which the suit was brought, presented, in person, a check for $100 which was refused payment by the cashier of the bank, who told the plaintiff that the balance in his favor was only about $50. The plaintiff then destroyed the cheek for $100, on which he was refused payment, and wrote out and presented his check for $50 which was paid. Subsequently he drew the check for $45, upon which payment was refused.</p> <p>Under such circumstances it was reversible error to refuse to allow the defendant to ask the plaintiff, on cross-examination, whether knowing these facts as to the discrepancy in his account, as calculated by himself, and computed by the bank, he gave the dishonored check without making any investigation as to the character of the discrepancy.</p>