Marks v. Anchor Savings Bank

Citations

• 252 Pa. 304
• 97 A. 399
• 1916 Pa. LEXIS 611

Syllabus

<p>Banks and banking — Check—Forged endorsement — Notice of forgery — Delayed notice.</p> <p>1. Where a depositor fails promptly to inform his hank of a forgery he will he regarded as having withheld from the hank a substantial right and will he precluded from recovering from the hank, and the latter need not prove that such delay actually resulted in material harm to it.</p> <p>2. What is due diligence in giving notice in such case frequently depends upon the findings of fact, hut when the facts are fixed the question is usually one of law for the court.</p> <p>3. In an action against a bank to recover an amount paid on a forged endorsement of the plaintiff’s name to a check, judgment for defendant non obstante veredicto was properly entered where it appeared that plaintiff knew, or should have known, of the forgery at least forty days before he informed the hank thereof.</p>