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· 4/21/1902

Union Safe Deposit Bank v. Strauch

Citations

  • 20 Pa. Super. 196
  • 1902 Pa. Super. LEXIS 206

Syllabus

<p>Banks and banking — Checks—Nonpayment of checks.</p> <p>Although the amount of a cheek left with a bank for collection has been credited to a depositor as cash, it may be charged back to him in case it turns out to be worthless, unless the bank has been negligent, or has done something to mislead the depositor thereby inducing him to act to his own injury on the faith of the goodness of the check.</p> <p>Where a check is indorsed and deposited in a bank for collection and the'depositor receives the money, and the check is returned not paid, and the depositor has notice of its nonpayment from the bank soon thereafter, and brings suit to the use of the bank, and recovers judgment against the maker before a justice of the peace, the depositor is not relieved from liability to the bank, nor is the bank required to surrender the check until it has been paid.</p> <p>Banks and banking — Checks—Protest—Notary public.</p> <p>Under the AoLs of January 2, 1815, 6 Sin. L. 288 and of December 14, 1854, P. L. of 1855, p. 724, the official act of a notary certified according to law under his hand and seal, in respect to the dishonor of bills and notes, and of notice to the drawers, acceptors and indorsers thereof, is properly evidence as proof of the facts therein stated.</p>

Judges: Beaver, Orlady, Porter, Rice

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