Weiner v. North Penn Bank Inc.

Citations

• 65 Pa. Super. 290
• 1916 Pa. Super. LEXIS 66

Syllabus

<p>Banks and banking — Dishonor of check — Damages—Substantial damages.</p> <p>Where a hank, without right, refuses to pay the cheek of its depositor merely nominal damages are inadequate to heal the injury, and substantial damages may and should be awarded.</p> <p>Where a person in business of the name of “J. Weiner” deposits in his bank $350 which is placed to his credit in his passbook, but is wrongly credited to the account of “J. Werner,” another depositor, and subsequently “J. Weiner” draws two cheeks in the course of business which are dishonored, although his account would have been sufficient to meet them if his deposit had been properly credited, such depositor may recover substantial damages, although he shows no precise money injury, and a verdict and judgment for $1,000 against the bank in his favor will be sustained.</p> <p>In an action against the bank on such a clqjm, the judgment for the plaintiff will not be reversed because the judge in his charge said that: “A bank or trust company is, under the law, what is known as a quasi public institution.”</p>