Strong v. Ten Cent Tutor Building & Loan Ass'n

Supreme Court of Pennsylvania
Strong v. Ten Cent Tutor Building & Loan Ass'n, 189 Pa. 406 (Pa. 1899)
42 A. 46; 1899 Pa. LEXIS 655
Dean, Fell, Green, McCollum, Mitchell

Strong v. Ten Cent Tutor Building & Loan Ass'n

Opinion of the Court

Per Curiam,

Without stopping to consider the other reasons stated in the opinion of the court below for holding that the defendant was bound by the payment of the $1,000 by the plaintiff, it is enough to know that she gave her cheek for the amount payable to the order of the defendant company. On that check no money could be obtained without the indorsement of some authorized officer of the association. In point of fact it was indorsed by the treasurer, and as he was the proper person to make such indorsement it cannot for a moment be doubted that the defendant was responsible for his act. The payment was therefore an actual and legitimate payment to the company. As a matter of course the plaintiff could not be held responsible for the defalcation of the treasurer.

Judgment affirmed.

Reference

Full Case Name
Katherine Strong v. The Ten Cent Tutor Building and Loan Association
Cited By
5 cases
Status
Published
Syllabus
Beneficial association—Treasurer—Payment to treasurer—Debt. Where a check is made to the order of a beneficial association and given to its treasurer, who indorses it, and who is the proper person to make such indorsement, the check is an actual and legitimate payment to the association, although its proceeds may be embezzled by the treasurer.