JACOBY TRANSP. SYSTEMS v. CONTINENTAL B.


277 Pa.Super. 440 (1980)

419 A.2d 1227

JACOBY TRANSPORT SYSTEMS, INC., Appellant, v. CONTINENTAL BANK, and Girard Bank, and Ray Slater.

Superior Court of Pennsylvania.

Filed April 25, 1980.


Attorney(s) appearing for the Case

John J. O'Brien, Jr., Philadelphia, for appellant.

Ronald H. Surkin, Philadelphia, for appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


SPAETH, Judge:

This is an action against a bank for honoring checks claimed to have been unsigned and therefore issued without authority. The critical issue is whether the drawer of the checks is precluded by its negligence from asserting the lack of authority.

In April 1970, appellant opened a regular checking account at the Hunting Park branch of appellee Continental Bank. Appellant had its checks printed by its own printer to its own specifications. Record...

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