84 Pa. Super. 511 | Pa. Super. Ct. | 1924
Argued October 21, 1924.
The appellant, Frankford Trust Company, is not a mutual savings bank. In connection with its regular business it conducts a savings department. The appellee, Joseph Wronski, was a depositor in this department. His pass book, evidencing his deposits, contained certain printed rules and regulations, one of which required the production of the book when deposits were made, and another was similar in substance to the bylaws or rules set forth in Peoples Savings Bank v. Cupps,
It was shown that Wronski could neither read nor write. His signature to the identification card was by mark, witnessed by one J. Bonk. This card contained his name, residence, occupation, country of birth, date of birth, father's name and mother's first or given name.
The teller, who made the payment, testified that he did not recall the incident at all, but was sure that he had asked the person presenting the book questions concerning the data on the identification card and that they had been correctly answered; for that was his custom with depositors who signed by mark. But it did not appear that any note had been made, at the time, on the depositor's account that such questions had been asked, as was the case in Geitelsohn v. Citizens Savings Bank,
Certainly, if the unknown person who presented the pass book was not questioned concerning the data on the identification card, the company did not act with ordinary care in the matter; and under the evidence in the case it was for the jury to determine whether such questions had been asked and satisfactorily answered. That being the case binding instructions for the company could not properly have been given.
The judgment is affirmed.