Loftus v. Miners Nat. Bank

Per Curiam,

This is an action of assumpsit to recover the sum of $2,646.40 with interest, being the amount of money on deposit in defendant bank to the credit of Anton Marx at the time of his death. The action was instituted by Barbara Marx, executrix of decedent, and sole legatee under his will, but she having died since the opinion of the court below was filed, the administrator d. b. n., c.t.a. is plaintiff in this appeal.

The defense to payment of the sum in question was the transfer of the amount involved to the credit of John A. Marx, son of testator, by a check, alleged to have been…