Dempsey v. First National Bank

Opinion by

Mr. Justice Patterson,

James J. Dempsey, Jr., appellant in Appeal No. 19, instituted this action for a writ of alternative mandamus against the First National Bank of Scranton to have certain United States treasury checks delivered to him. The bank disclaimed any title to the checks and inter-pleaded M. F. Sando and G. J. Burlinghof, executors and trustees of the Estate of Ellen E. McCarty, appellants in Appeal No. 24. A jury returned a verdict in favor of Dempsey. The court below refused the estate’s motion for judgment, non obstante veredicto but, of its own motion, granted a new…