Love v. Tioga Trust Co.

Citations

• 68 Pa. Super. 447
• 1917 Pa. Super. LEXIS 146

Syllabus

<p>Courts — Jurisdiction—Municipal Court of Philadelphia — Banks and banking — Dishonor of check.</p> <p>The Municipal Court of Philadelphia has jurisdiction of an action of trespass for damages to a depositor’s credit by reason of a bank’s nonpayment of his cheek, where the amount claimed in the statement is $1,800. Such a suit is an action “for damages for personal injuries” within the meaning of the Act of July 12, 1913, P. L. 711, creating the Municipal Court.</p> <p>In an action by a depositor to recover $1,800 from a bank for dishonoring a check for $42 where it appears that through a mistake of the clerk plaintiff’s balance should have been $59.90 instead of $38,90 when the check was presented, it is reversible error for the court to refuse to admit evidence, the tendency of which is to show that plaintiff himself had repeatedly in the past so conducted his financial transactions with the bank that the latter had been forced to reject checks drawn by him in excess of the sum to his credit in the bank.</p> <p>Such a judgment on a verdict for $1,200 will be reversed and a new venire awarded.</p>