85 Pa. 299 | Pa. | 1877
delivered the opinion of the court, November 19th 1877.
This was a suit brought against the defendants, an unincorporated banking association, to recover the amount of a check held by the plaintiff, a copy of which is here given:—
“ No. East Brady, Pa., Dec. 30, 1875.
Citizens’ Savings Bank, East Brady, Pa., pay to P. Dorsey, Esq., or order, two thousand dollars.
To hold as collateral for 1000 P. T. oil, pipage paid to Jan. 4, 1876.
A. W. McCullough.
Good when properly endorsed.
J. Y. Foster.
Endorsement on back of check, P. Dorsey.”
The J. Y. Foster who certified the check is the cashier of the defendants’ bank. It was alleged upon the trial, and there is evidence tending to prove, that the certificate of Mr. Foster was a forgery. The plaintiff contended that if a forgery, Mr. Foster had recognised and confirmed it by his subsequent acts and declarations. We do not regard the question of the alleged forgery as an important element in the discussion of the case. It was conceded that at the time McCullough drew the check upon the bank, he had no funds there and no right to draw. It is also apparent that the check was entirely out of the usual course of banking business. This is plain from the face of the instrument. Instead of being a mere order upon a bank to pay a certain sum of money to a person therein designated, or to bearer, it has the significant endorsement in one corner, “ to hold as collateral for 1000 P. T. oil,” &c. This indicates plainly that the check was given merely as collateral security for the delivery of the oil. If any
We are of opinion that the learned judge of the court below was entirely accurate in his rulings embraced in the first assignment. This practically disposes of the case. We may say, however, in regard to the fifth assignment, that the point referred to was not based upon any evidence in the cause. There was no error therefore in declining to answer. Judgment affirmed.