Nadel v. Peoples Bank

Citations

• 66 Pa. Super. 396
• 1917 Pa. Super. LEXIS 274

Syllabus

<p>Banks and banking — Dishonor of check — Estoppel.</p> <p>Where a bank returns to an illiterate depositor a bank book balanced, with the checks, and the depositor finds that the checks are genuine and in proper amount, but fails to notice that the bank had by mistake charged in his book an amount in excess of the aggregate amount of the checks, and he subsequently draws checks which should have been paid on a correct accounting between him and the bank, and the checks are dishonored, he is not estopped from successfully maintaining an action for an unwarranted imputation on his financial credit, because he had not discovered the mistake and made complaint to the bank for a month after the settlement of the bank book.</p> <p>An estoppel against an estoppel settéth the matter at large.</p>