Phillips Home Furnishings, Inc. v. Continental Bank

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 of material fact.1 The Bank sought summary judgment in its favor relying upon the following exculpatory clause in its “night depository…