Parkin v. Safe Deposit Bank

Citations

• 54 Pa. Super. 54
• 1913 Pa. Super. LEXIS 11

Syllabus

<p>Banks and banking — Interest on deposits.</p> <p>1. In an action against a bank to recover interest on a large deposit from February 4 to March 1, 1910, a verdict and judgment against the bank will be sustained where it appears that under a resolution of the directors of the bank, and the course of dealing with its customers, two per cent interest was allowed; that the bank’s contention that it did not pay interest for broken months, was contradicted by evidence that it did credit for fractions of months; that there was no special agreement with the depositor, and that both before and after February interest had been credited on the first day of other months.</p> <p>2. In such a case a statement of interest omitting the period in controversy submitted by the bank to counsel for the administrator of the deceased depositor will not estop the administrator d. b. n. of the deceased depositor from claiming interest for the disputed period.</p> <p>3. Executors and administrators — Administrators d. b. n — Right to bring suit.</p> <p>3. Where an administrator of a deceased administrator has filed and settled an account of a decedent’s estate, an administrator d. b. n. of the decedent, subsequently appointed may maintain an action in his own name, to recover an asset not previously discovered.</p> <p>Practice, C. P. — Verdict—Jury;</p> <p>4. Where a jury returns a verdict for a sum stated with interest from a day named, but without having calculated the interest, the court has the power, after the jury has separated, to compute the interest and add it to the amount stated by the jury.</p>