Murray v. Real Estate Title Insurance & Trust Co.

Citations

• 39 Pa. Super. 438
• 1909 Pa. Super. LEXIS 508

Syllabus

<p>Banks and banking — Checks—Forgery—Notice—Time—Question for jury.</p> <p>1. The duty of a depositor in a bank upon discovering that it has paid and charged to his account, either a check bearing his forged signature as drawer, or his check on the forged indorsement of the payee, is to promptly notify it of the forgery. A delay of a week or two weeks after the discovery of the forgery, is too late, and will be so found by the court as a matter of law. The fact that the discovery of the forgery was not made until after the forger’s death, is immaterial if the depositor does not notify the bank for a week or two weeks after the discovery.</p> <p>2. The reason for the rule is based on the right of the bank to proceed immediately and promptly against the wrongdoer, and to take what measures it may deem proper to recover the money. If it does not receive prompt notice, it may lose its opportunity. The court cannot say as a matter of fact and of legal certainty that after the death of the forger the bank can do nothing.</p>