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2 Miles 334

Harley v. Caldwell

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-10-05

THE plaintiff brought an action to September term, 1839, No. 317, to recover three hundred and forty-seven dollars, balance of his deposit account with the defendants, and filed a copy of his book, commonly called a “ bank-book,” commencing “ Edward Harley in account with the Schuylkill Savings Institution,” showing a balance struck in his favour. On the 20th of September, the plaintiff had judgment against the defendants for want of an affidavit of defence.

Decided 1839-10-05

Pettit, President.—

¶1This judgment is correct. We canjiot shut our eyes to the usual practice of depositing money in Banks and Savings Institutions. A book is furnished, and an entry of deposit is made. This entry is a promise to repay the amount on demand, and in this instance a balance is struck of the whole account in favour of the plaintiff. These constitute as much “ an instrument of writing for the payment of money” as any other form of written promise. A bank-book is viewed by our courts as high evidence; and public policy requires it to be so regarded. The safety of the depositor depends upon this rule of law; his book is the only evidence he is furnished with, and he cannot conveniently command any other.

Stroud, J., concurred.Jones, J., absent.

¶2Rule discharged.

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