Provident Securities & Banking Co. v. First National Bank

Superior Court of Pennsylvania

Provident Securities & Banking Co. v. First National Bank

37 Pa. Super. 17, 1908 Pa. Super. LEXIS 229

CourtSuperior Court of Pennsylvania

DecidedJuly 15, 1908

DocketAppeal, No. 206

StatusPublished

Cited by3 cases

This text of 37 Pa. Super. 17 (Provident Securities & Banking Co. v. First National Bank) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Provident Securities & Banking Co. v. First National Bank, 37 Pa. Super. 17, 1908 Pa. Super. LEXIS 229 (Pa. Ct. App. 1908).

Pincite

Opinion

Opinion by

Henderson, J.,

The same questions presented in this appeal were considered and determined in Wisner v. First National Bank of Gallitzin, 220 Pa. 21, in which case Mr. Justice Mestrezat, in a clear and comprehensive opinion, discusses the effect of the 137th section of the Act of May 16, 1901, P. L. 194, and shows that it imposes a statutory duty on the drawee of a bill of exchange or check, to return the same accepted or nonaccepted to the holder within twenty-four hours after the same is delivered to such drawee, unless the holder may allow a greater period, and that the failure to so return renders the drawee liable as an acceptor. A restatement of the argument would not aid in the interpretation of the statute. It was expressly decided in that case that the act of the bank in delivering the checks to a notary public for protest was not a compliance with the section of the act referred to and did not relieve the drawee from liability. We do not find any facts distinguishing this case from the one referred to.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Henderson, J.,

The same questions presented in this appeal were considered and determined in Wisner v. First National Bank of Gallitzin, 220 Pa. 21, in which case Mr. Justice Mestrezat, in a clear and comprehensive opinion, discusses the effect of the 137th section of the Act of May 16, 1901, P. L. 194, and shows that it imposes a statutory duty on the drawee of a bill of exchange or check, to return the same accepted or nonaccepted to the holder within twenty-four hours after the same is delivered to such drawee, unless the holder may allow a greater period, and that the failure to so return renders the drawee liable as an acceptor. A restatement of the argument would not aid in the interpretation of the statute. It was expressly decided in that case that the act of the bank in delivering the checks to a notary public for protest was not a compliance with the section of the act referred to and did not relieve the drawee from liability. We do not find any facts distinguishing this case from the one referred to.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

37 Pa. Super. 17, 1908 Pa. Super. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provident-securities-banking-co-v-first-national-bank-pasuperct-1908.

Opinion

Related

Cite This Page — Counsel Stack