Smith v. Eliot Savings Bank

These are actions of tort for malicious prosecution and trespass which were consolidated for trial to a jury in the Superior Court. At the conclusion of the evi- deuce the judge allowed motions for directed verdicts for the defendant. The cases are here on the plaintiff’s exceptions to the allowance of those motions and also to the exclusion from evidence of a certain document.

We state the evidence most favorable to the plaintiff. Miss Margaret V. Burns had a savings account with the defendant bank. On April 2, 7, 13, 17 and 24, 1964, withdrawals totaling $4,100 were made from her account. On…