Osterling v. Allegheny Trust Co.

Citations

• 260 Pa. 64
• 103 A. 528
• 1918 Pa. LEXIS 469

Syllabus

<p>Banks and hanking — Interest on deposits — Agreement as to rate —Evidence—Notation in books — Bes gestee — Statute of limitations —Points for charge founded on disputed evidence — Harmless error.</p> <p>1. In an action against a bank to recover interest on deposits, a notation on the books of the bank, stating the rate of interest, not disclosed to plaintiff, would not be evidence against the plaintiff to disprove the contract alleged by him concerning the rate of interest either as part of the res gestee or upon any other proper theory.</p> <p>2. Where plaintiff sues to recover interest at four per cent, per annum on his bank deposit and the entries in plaintiff’s pass book are a transcript from defendant’s ledger and it was admitted at the trial that they showed interest at the rate of two per cent, not four per cent, annually, the exclusion of evidence as to the ledger entries would be harmless error even if it was admissible.</p> <p>3. The statute of limitations does not apply to a bank deposit until demand has been made, for the debt is not due until then. This rule refers to both principal and interest.</p> <p>4. In an action of assumpsit to recover interest alleged to be due on bank deposits at an agreed rate of four per cent., where the bank alleged that the agreed rate was two per cent., it appeared that, while plaintiff was given a pass book about November 11, 1902, shortly after the deposit was made, no entry of interest was made therein until March 25, 1914. The entries disclosed the fact that the interest had been calculated at two per cent, instead of four per cent., the agreed rate as alleged by the plaintiff, whereupon he brought suit for the difference. A witness was offered by the defendant to prove a notation on the books of the bank regarding the rate of interest, but the evidence was excluded by the court. Held, no error.</p> <p>5. In such case a point for charge submitted by defendant, based on the assumption that the fact as to the date of