Penn Bank's Estate

Citations

• 152 Pa. 65
• 25 A. 310
• 1892 Pa. LEXIS 1171

Syllabus

<p>Statute of limitations — Claim against assigned estate.</p> <p>A bank stated and delivered to a depositor his account showing a balance against him, and about the same time made a voluntary assignment for the benefit of creditors. The depositor for. more than six years acquiesced in the correctness of the account and made no claim until at the second audit of the assigned estate he presented a claim as creditor, asserting that the account rendered him was erroneous. Held, that the statute of limitations had barred the right of action.</p> <p>Auditor’s finding of fact — Conclusiveness thereof.</p> <p>An auditor found that it was not clear as matter of fact that there had been any mistake in the account rendered the depositor by the bank. This finding of fact in the absence of plain error must be regarded as conclusive.</p> <p>Fraudulent bank deposit — Recovery—Public policy.</p> <p>Whether a plaintiff, who made checks and drew drafts at the request of a bank president to enable the latter to deceive an auditing committee,, is-forbidden by public policy from setting up the transaction as a basis of claim against the bank, not decided.</p>