Seaman v. Tamaqua National Bank

Citations

• 280 Pa. 124
• 124 A. 323
• 1924 Pa. LEXIS 477

Syllabus

<p>Banks and banicing — Letter of credit — Draft in excess of amount of letter — Refusal of bank to pay — Contract.</p> <p>1. Where a bank has issued a letter of credit in an amount specified, and it is subsequently sued for a part of the money evidenced by the letter of credit, it cannot set up as a defense that plaintiff had drawn a draft for an amount in excess of the letter, and that defendant had refused to pay such draft.</p> <p>Practice, O. P. — Affidavit of defense in nature of demurrer— Statement of claim — Ambiguous statement — Judgment—Leave to amend — Act of May 14, 1915, P. L. 488 — Amendment.</p> <p>2. Where plaintiff files a statement of claim which is ambiguous as to his demand, the court should not enter summary judgment against him on an affidavit of defense in the nature of a demurrer, but should permit him to so amend his statement as to make his cause of action clear, under the Act of May 14, 1915, P. L. 483.</p>