SMITH v. COMMONWEALTH NAT. BANK


384 Pa.Super. 65 (1989)

557 A.2d 775

Josephine L. SMITH and Allen H. Smith, Co-Executors of the Estate of Reynold B. Smith, Deceased, Appellants, v. COMMONWEALTH NATIONAL BANK, Appellee.

Supreme Court of Pennsylvania.

Filed April 17, 1989.


Attorney(s) appearing for the Case

Allen H. Smith, Wrightsville, in propria persona.

Geoffrey S. Shuff, York, for appellee.

Before WIEAND, OLSZEWSKI and TAMILIA, JJ.


WIEAND, Judge:

The issue in this appeal concerns the liability of an escrow holder for potential income lost on funds removed from an escrow account to pay taxes where the payee, Internal Revenue Service, lost the escrow holder's check, thus requiring the issuance of a new, later check. The trial court held that there was no liability for failure to keep the funds invested where, as here, the escrow holder had removed the funds and drawn the check in full compliance...

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