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PA. CO. FOR BANKING AND TRUSTS v. PHILA.

167 Pa.Super. 637 (1950)

Pennsylvania Company for Banking and Trusts, Trustee, v. Philadelphia, Appellant.

Superior Court of Pennsylvania.

November 14, 1950.

Attorney(s) appearing for the Case

Abraham Wernick, Assistant City Solicitor, with him Frank F. Truscott, City Solicitor, for appellant.

L. Alton Blake, with him George V. Strong and Strong, Sullivan, Saylor & Ferguson, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY RENO, J., November 14, 1950:

The Pennsylvania Company for Banking and Trusts, hereafter called the Company, was trustee for Frank Nalle, a resident of Virginia, and during 1936, 1937 and 1938, erroneously paid $1354.43 to the City of Philadelphia for personal property taxes assessed against trust securities in its possession in Philadelphia. On February 11, 1949, it instituted assumpsit against the...

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