Safe Deposit & Trust Co. v. Diamond National Bank

44 A. 1064, 194 Pa. 334, 1900 Pa. LEXIS 389

Opinion

Pee Curiam,

Upon the checks which were received by the administrator he had the undoubted right to draw the money and, if he chose, thereupon to deposit the money thus received to the credit of his own account, he had a perfect right to do so. What he did do was nothing more than the equivalent of such action on his part. The money having gone into his own account was subject to be drawn out upon his personal checks which the bank could not refuse to pay. The question is entirely different from the one which would arise if after the deposit was made it was claimed as money of the trust and the bank was notified of the claim before it was paid, but that is not this case.

Judgment affirmed.