77 Pa. Super. 567 | Pa. Super. Ct. | 1921
Opinion by
This action of trespass was brought by the plaintiff to recover damages alleged to have resulted from the defendant’s breach of duty, in refusing to pay his check when he had with the bank sufficient money to meet it. This is the second appeal in this proceeding, and the facts are sufficiently stated in our former opinion, reported in 74 Pa. Superior Ct.. 1. We reversed a judgment in favor of the plaintiff in the former appeal because of an error of the trial court in ruling upon an admission of evidence, but we then held that the case was for the jury and it would have been error for the trial court to have given binding instructions in favor of the defendant. The court below, upon the second trial, entered a judgment of nonsuit which it subsequently refused to take off, from which judgment we have the present appeal by the plaintiff.
The plaintiff, at the second trial, testified fully as to his dealings with the defendant bank, produced his bank book showing his deposits with the bank and the balance in his favor from time to time, and his checks which he stated were all that he had drawn which had been paid by the bank. He testified, as he had done at the former trial, that he had, on April 22, 1916, presented to the bank his own check for $100, that the cashier had then told him that he had not sufficient funds with the bank
If this testimony was true the bank was guilty of a breach of duty when it refused to pay the check presented by the Empire Printing Co. and the plaintiff was entitled to recover. The mere fact that the plaintiff had not taken all the precautions that a thoroughly trained
The judgment is reversed and a Venire facias de novo awarded.