PER CURIAM, April 23, 1951.
Plaintiff instituted an action of assumpsit, claiming that, from about April 1, 1940, through the year 1947, at various times he made deposits of cash in defendant bank in the aggregate sum of $4,600, that his demand for payment of these deposits had been refused, and that he is unable to set forth dates and amount by reason of the fact that his only written record was his passbook which is in the possession and under the control of defendant...
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