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Thomas v. First National Bank of Scranton

Superior Court of Pennsylvania
96 A.2d 196 (1953)


Facts

Thomas (plaintiff) wrote a check, drawing on his account at First National Bank of Scranton (First National) (defendant). Thomas went to First National to stop payment on the check. Thomas signed the “Request to Stop Payment” form provided by the bank. The form provided that First National would not be responsible if the check was paid “through inadvertence, accident or oversight.” The form provided that Thomas agreed to be legally bound to the terms of the contract. The check was paid and drawn on Thomas’s account “through inadvertence, accident or oversight.”  Thomas brought suit to recover the money paid for the check. The trial court held that First National was required to pay Thomas the amount of the check.

Rule of Law

Issue

Holding and Reasoning (Hirt, J.)

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