Williams v. Dorrier
Citations
- 135 Pa. 445
- 19 A. 1024
- 1890 Pa. LEXIS 1203
Syllabus
<p>(а) The cashier of an unincorporated bank, himself a partner, being indebted individually on a note ho had made to a depositor, wrote to the latter that ho had placed to his credit $1,000, as a payment on the note. A credit for this amount was placed to the depositor’s account upon the books of the bank.</p> <p>(б) Afterward, the cashier wrote to the depositor that he had again placed $1,000 to his credit, as a second payment, but no credit for this amount was placed to the account. The depositor checked out, from time to time, both amounts, when the receiver of the bank sued to recover the same from the depositor:</p> <p>1. In such case, the bank was estopped from setting up want of authority in the cashier, so far as related to the credit for the first $1,000, but was not estopped by the act of the cashier as to the second $1,000, though the cashier had placed them both upon the depositor’s pass-book; and, the bank could recover the latter as an overdraft.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “actual physical control” “involv[es] control of the movements of either the machinery of the motor vehicle or of the management of the movement of the vehicle itself, without a requirement that the entire vehicle be in motion” (emphasis added)
- actual physical control found where defendant was behind the wheel in a traffic lane with the motor running and the brake lights activated
- engine running, transmission in park, brake lights on, person behind wheel with hands on steering wheel
- reasonable grounds established where the licensee was found behind wheel of truck, which was parked in traffic lane with his hands on the steering wheel, engine running, brake lights activated, but the truck’s transmission was left in “park”
- licensee was in actual physical control of the vehicle when he was found behind the wheel of the truck with the engine started and brake lights activated, but had left transmission in “park” and did not cause the vehicle to move
- first impression case regarding actual physical control of the movement of a motor vehicle; reasonable grounds where the driver was parked in the driving lane 28 inches from the curb with the engine running and his foot on the brake, although the transmission was in park
Source: CourtListener parenthetical corpus (CC0).
Judges: Cueiam, Green, McCollum, Mitciiell, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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