No specific laws identified for this ruling.
The court affirmed the Unemployment Compensation Board of Review's grant of unemployment benefits to claimant Vivien McCarthy, holding the employer failed to properly request a continuance and the Board properly denied reconsideration.
Error to the Court of Common Pleas,- No. 2, of Allegheny county: Of October and November Term 1879, No. 219. Assumpsit by Joseph Frankish, trading as John McKillop & Co., against the Penn Bank. The facts were these: On the 29th of December 1875, Thomas Gray opened an account with the defendant bank, depositing then, and from time to time subsequently, money and checks on city banks. He also frequently left, for collection on his account, drafts drawn by John McKillop & Co., upon persons in Pittsburgh and the towns in its vicinity. Gray also drew checks from day to day, which were cashed and charged in his account. On the 10th of January 1876, he presented his cheek for $2300 at the bank’s counter, and obtained $100 in money and $2200 in a cashier’s check to his own order. His own check of $2300 was charged to him just as all other paid checks were. On the morning of the 12th of January a stranger came in and asked the cashier whether Thomas Gray had any, and how much, money in the bank. The cashier, Mr. Riddle, asked him by what right he made this inquiry, and was thereupon told that his questioner was Joseph Frankish and was also John McKillop & Co., of Philadelphia; that Gray was superintendent at Pittsburgh, and made collections for the firm there; that he had refused to remit or pay over the amounts collected, and was in default to a large amount. These representations induced Mr. Riddle to furnish a transcript of Gray’s account to Mr. Frankish, together with duplicates of Gray’s deposit-slips. Mr. Frankish inquired about the $2300 item, and having learned that part of it was represented by an outstanding cashier’s check, sat down and wrote and copied, and immediately served on Mr. Riddle this “notice:” • “ If the certificate were presented or simply endorsed to or by the following-named parties, viz.: Thomas Gray, J. W. Murray, W. H. Howells, I will take it as a favor to hold, for a short time, until my attorney, T. S. Parker, 158
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