Commonwealth Ex Rel. Margiotti v. Globe Indemnity Co.

Opinion by Mr.

Justice Linn,

This case was tried without a jury under the Act of April 22,1874, P. L. 109,12 PS section 688, by the three learned judges of the court below after the record before us in Commonwealth ex rel. v. Globe Indemnity Co., 313 Pa. 498, 170 A. 690, was remitted. Judgment was entered for defendant.

The subject of controversy is part of a bank deposit. The court found as a fact that the receiver of the bank has in his possession available for payment to the Commonwealth a sum in excess of the amount claimed in this suit by the Commonwealth and that dividends in that amount…