Kaylor, Exrx. v. Central Tr. Co.

Opinion by

Baldrige, J.,

Harry Kaylor brought an action in assumpsit to recover the sum of $1,750 paid to the Central Trust Company of Harrisburg under circumstances appearing in the following narration of pertinent facts. Before statement of claim was filed Kaylor died and his executrix was substituted as plaintiff.

In 1919 Kaylor and his then wife, as owners of the Acri Hotel in Harrisburg, gave a mortgage and accompanying bond to Marino Acri in the sum of $20,000. This mortgage and bond after several assignments eventually came into the hands of the Central Trust Company. In 1927 the Kaylors…