Marcus v. People's National Bank

Citations

• 57 Pa. Super. 345
• 1914 Pa. Super. LEXIS 201

Syllabus

<p>Banks and banking — Check drawn to nonexisting person — Fraud— Two innocent persons rule.</p> <p>1. A depositor cannot recover from a bank the amount of a check paid out of his account where it appears that the depositor was fraudulently induced to draw a check to a nonexisting person to pay for a mortgage, and that the person who perpetrated the fraud took the check, indorsed upon it the name of the fictitious person, and secured payment of the cheek in this way to himself.</p> <p>2. Such a case is one for the application of the rule that as between two innocent parties, he who by his acting makes loss possible, must bear it.</p>