Grossman v. Broad Street Trust Co.

Alessandroni, J.,

Plaintiff’s complaint in assumpsit seeks the return of moneys which had been placed in a safe deposit box in defendant’s vault. The complaint alleges lack of due diligence to prevent unauthorized access to the box. After a responsive answer, the matter came on for trial. At the conclusion of plaintiff’s case, a compulsory nonsuit was entered. Hence this motion.

The undisputed facts giving plaintiff all the favorable inferences are: In 1944 plaintiff rented a sqfe deposit box in the vault of a bank which subsequently merged with defendant bank. When the box was leased plaintiff…