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CONTINENTAL BANK AND TRUST COMPANY v. AMERICAN BANK AND TRUST COMPANY PENNSYLVANIA (11/18/70)

decided: November 18, 1970.

CONTINENTAL BANK AND TRUST COMPANY
v.
AMERICAN BANK AND TRUST COMPANY OF PENNSYLVANIA, APPELLANT



Appeal from order and judgment of Court of Common Pleas of Montgomery County, No. 68-827 of 1968, in case of Continental Bank and Trust Company v. The Peoples National Bank and Trust Company of Norristown, now by merger The American Bank and Trust Company of Pennsylvania.

COUNSEL

David M. Jordan, with him Raymond Pearlstine, and Wisler, Pearlstine, Talone & Gerber, for appellant.

H. Robert Fiebach, with him Maxwell Strawbridge, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring Opinion by Hoffman, J. Cercone, J., joins in this concurring opinion.

Author: Per Curiam

[ 217 Pa. Super. Page 372]

Order and judgment affirmed.

Disposition

Order and judgment affirmed.

Concurring Opinion by Hoffman, J.:

In or about December 1964, Liberty Associates (Liberty), a depositor of appellee Continental Bank and Trust Company (Continental) entered into a written contract with Weather Regulator Corp. (Weather) and its principal, Sidney Kleiman (Kleiman) for the installation of certain air-conditioning equipment at a building owned by Liberty. Because Weather's credit rating was insufficient, the supplier of the air-conditioners, Pierce Phelps, would not sell the units on a regular credit basis. It was therefore agreed that Liberty would pay Pierce Phelps directly for any air-conditioners purchased pursuant to the contract.

In order to discharge its liability to Weather and Kleiman for work completed on the contract, and at the same time to pay Pierce Phelps for air-conditioners

[ 217 Pa. Super. Page 373]

    purchased, whenever Weather purchased equipment, it would present Pierce Phelps' invoice to Liberty, which would then draw a check on its account in Continental payable jointly to Weather and Pierce Phelps. The check would thereafter be sent to Weather for its endorsement. Weather would forward the item to Pierce Phelps, which would ...


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