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PHILLIPS H.F., INC. v. CONTINENTAL BK.

467 Pa. 43 (1976)

354 A.2d 542

PHILLIPS HOME FURNISHINGS, INC., Plaintiff-Appellee, v. CONTINENTAL BANK, Defendant-Appellant.

Supreme Court of Pennsylvania.

Decided April 7, 1976.

Attorney(s) appearing for the Case

Blank, Rome, Klaus & Comisky, Marvin Comisky, Alan C. Gershenson, Philadelphia, for appellant.

Howard E. Davidson, Philadelphia, for appellee.

Drinker, Biddle & Reath, Melvin C. Breaus, Jack B. Justice, Philadelphia, for amicus curiae, Philadelphia Clearing House Assn.

Gordon W. Gerber, John J. Brennan, Philadelphia, for amicus curiae, Pennsylvania Bankers Assn.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

NIX, Justice.

Plaintiff-appellee, Phillips Home Furnishings, Inc., commenced the instant litigation by way of a complaint sounding in assumpsit and in trespass alleging that on June 16, 1973, its agent delivered the sum of $5,669.00 into the "night depository safe" of defendant-appellant, Continental Bank, and that those funds were never credited to the Phillips' account. The Bank moved for summary judgment asserting that there was no triable issue...

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