226 Pa. 184 | Pa. | 1910
Opinion by
This was a case for the jury, and after a careful considera
The appellant contends that the judgment should be reversed for several reasons, the most important of which may be set forth as follows: First, under the pleadings and evidence the contract sued on was special, not made in the ordinary course of banking business nor within the scope of the cashier’s authority, and that by reason thereof judgment should have been directed for defendant. This position is clearly not tenable. Whether the controverted items were deposited in the usual and ordinary course of banking and intended as a credit to the account of the plaintiff company or were private loans to the cashier were the important questions involved in the issue and they were for the jury. It would have been clear error for the court under the evidence to have held as a matter of law that no liability attached to defendant. Second, that the court erred in refusing to affirm defendant’s ninth point, which requested the trial judge to instruct the jury if they found that the general manager and treasurer of the plaintiff company and the cashier of the defendant bank made an arrangement by which the amount of money represented by the three disputed checks was intended as an individual
Assignments of error overruled and judgment affirmed.