76 Pa. Super. 468 | Pa. Super. Ct. | 1921
Opinion by
The plaintiff, holding a check for $1,000 drawn on the Hamilton Trust Company of New York, payable to her order, deposited it in the Blau Banking House, a private bank doing business in the city of Scranton. The plaintiff alleges she deposited it for collection. The Blau Banking House deposited the check with others, on the same day, in the West Side Bank of Scranton in which it kept an account and received credit therefor, and from the latter bank at the same date checked out a sum in excess of the amount so deposited, and in excess of the credit which it then had in the West Side Bank. The Blau Banking House failed on the following day, whereupon the plaintiff caused notice to be served on the Hamilton Trust Company not to pay the check when presented, pursuant to which notice, payment was refused and the check returned to the West Side Bank by which it had been forwarded for collection. Thereupon the plaintiff filed a bill against the receivers of the Blau Banking House and against the West Side Bank praying for a decree that the latter bank surrender and deliver up the said check to the receivers of the Blau Banking House, and that they surrender and redeliver to the plaintiff the said check on the payment to them by the plaintiff of the sum of $175. The trial judge dismissed the bill, and from that decree we have this appeal. The real controversy in the case is between the plaintiff and the West Side Bank; the latter defending its possession of the check on the ground that it was taken in due course for value without notice of any infirmity. This defense the court sustained and if the decree is supported by evidence, it must stand however unfortunate the plaintiff may be in having intrusted her business to a banking institution which proved to be insolvent. It is not controverted that the check was negotiable in form, and the plaintiff admits that it was delivered to the Blau Banking House for the purpose of collecting the money. The plaintiff’s object was to receive the amount
The appeal is therefore dismissed at the cost of the appellant.