CLEMENTE v. MELLON NAT. BANK & TRUST CO.


79 Pa. D. & C. 544 (1951)

Clemente v. Mellon National Bank and Trust Co.

Common Pleas Court of Allegheny County, Pennsylvania.

December 5, 1951.


Attorney(s) appearing for the Case

Isadore A. Burnstein and Bailey & Critchfield, for plaintiff.

Reed, Smith, Shaw & McClay, for defendant.

Before Musmanno and Kennedy, JJ.


KENNEDY, J., December 5, 1951.

The above-captioned action in assumpsit arises out of the payment by defendant of a check on which plaintiffs claim they gave timely notice to stop payment. The jury returned a verdict in the sum of $383, which included interest to date of trial and the sum of $317, the amount for which the check was drawn.

Defendant has now moved for judgment n.o.v. or in lieu thereof for a new trial.

Plaintiffs had a joint checking...

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