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Thomas v. First National Bank of Scranton

Superior Court of Pennsylvania

96 A.2d 196 (1953)

Relevant factsFree

Thomas (plaintiff) wrote a check drawn on his account at First National Bank of Scranton (defendant), then went to the bank to stop payment on it, signing a "Request to Stop Payment" form providing that First National would not be responsible if the check was paid "through inadvertence, accident or oversight," and stating Thomas agreed to be legally bound by these terms. The check was in fact paid through inadvertence, accident, or oversight; Thomas sued to recover the paid amount, and the trial court held First National liable to reimburse him.

IssueFree

Whether consideration is required for the terms of an agreement that explicitly states the signor intends to be legally bound.

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