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LAYMAN v. WESTERN SAV. BANK

302 Pa.Super. 433 (1982)

448 A.2d 1119

Robert LAYMAN, Administrator of the Estate of Alexander S. Layman, Deceased, Appellant, v. WESTERN SAVINGS BANK.

Supreme Court of Pennsylvania.

Filed July 30, 1982.

Attorney(s) appearing for the Case

Gilbert E. Toll, Philadelphia, for appellant.

Christopher K. Walters, Philadelphia, for appellee.

Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.

MONTEMURO, Judge:

The instant action presents the problem of deciding which of two innocent parties suffers a loss when a fiduciary is a thief. Appellant herein is the administrator of an estate who opened an estate account at the appellee bank, Western Savings. Appellee disbursed funds from the account when the attorney for the estate presented the passbook together with a withdrawal slip correctly signed by...

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