Myers v. Southwestern National Bank

Citations

• 193 Pa. 1
• 44 A. 280
• 1899 Pa. LEXIS 1075

Syllabus

<p>Banks and banking— Verifying bank book—Principal and agent.</p> <p>Where a depositor of a bank intrusts to a confidential clerk the care of his bank account and the duty of verifying the settlements of his bank book, and the clerk forges checks, and when the depositor’s checks are returned by the bank abstracts the forged checks and reports to his employer that the settlement is correct, and there is no evidence that the bank was negligent in paying the forged checks, and it appears that if the depositor had verified the settlement himself he would have discovered the fraud, the depositor, while not chargeable with the knowledge of his clerk that the latter had committed the forgery, is clearly responsible for the acts and omissions of his clerk in the course of the duties with which he was intrusted, viz : to receive the checks, and he cannot recover from the bank the loss which he sustained.</p>