Patterson v. Marine N. Bank

Citations

• 130 Pa. 419
• 18 A. 632
• 1889 Pa. LEXIS 1205

Syllabus

<p>[To be reported.]</p> <p>1. When one deposits money in a bank, upon an account opened in his name as agent, without anything on the face of the deposit account to show for whom he is agent, the money as between the bank and the depositor belongs to the latter: Citizens N. Bank v. Alexander, 120 Pa. 476.'</p> <p>2. A bank paying over money, so deposited, to a third person, does so at its peril, and it must assume the burden of proof to show, not only that the money did not belong to the depositor, but that it did belong to the person to whom it was paid.</p> <p>3. When a bank, without legal cause, refuses to honor a check drawn upon it by a depositor, something more than a mere breach of contract is involved, and it is liable to the depositor for substantial damages, though no special pecuniary loss be shown: Eckel v. Murphev, 16 Pa. 488, distinguished.</p> <p>4. The refusal of a trial court to give to the counsel for the defendant, instead of to the counsel for the plaintiff, the conclusion of the argument to the jury, is within the discretion of the court and is not reviewable by the Supreme Court.</p>