Miller v. Western National Bank

Citations

• 172 Pa. 197
• 33 A. 684
• 1896 Pa. LEXIS 764

Syllabus

<p>[Marked to be reported.]</p> <p>Banks and banking — Depositors—Evidence—Question for jury.</p> <p>On the trial of an action against a bank, plaintiff testified that he sent a note, currency and checks to the bank inclosed in a letter, dated May 24, 1887, worded as follows: “Enclosed find note, currency $745, checks $640,” and that on May 25, he received from the bank a communication returning his letter and promissory note only, which communication was as follows: “ Note not endorsed by you. Endorse and return.” He testified that the currency and checks were received by the bank, and that it had refused to give him credit therefor. The bank denied that it had ever received currency or cheeks from plaintiff, or a letter on May 24, 1887, but averred that on May 14, 1887, it received a letter from plaintiff as follows : “ Gent. Enclosed find note; ” that the bank returned the note with the communication offered by plaintiff in evidence. The court submitted the whole case to the jury, reserving the question whether plaintiff was entitled to recover, inasmuch as he had made no demand on the bank prior to bringing the suit. The jury returned a verdict in favor of plaintiff ; the court subsequently entered judgment for the defendant on the point reserved non obstante veredicto. Held, reversing court below, that the verdict necessarily implied a finding by the jury of each and every material fact relied on by the plaintiff, included the main fact that the money and checks had been remitted to and received by the bank on or about May 24, 1887, and that no demand was necessary.</p> <p>Banks and banking — Depositors—Demand prior to suit.</p> <p>The general rule that no action can be maintained by a depositor against a bank until a formal demand has been made by him or waived by the-bank, does not apply to a case where the bank denies that any deposit had ever been made, and claims that the relation of depositor and depositee had never been created.</p> <p>In an action again