Clemente v. Mellon National Bank & Trust Co.

Kennedy, J.,

The above-captioned action in assumpsit arises out of the payment by defendant of a cheek on which plaintiffs claim they gave timely notice to stop payment. The jury returned a verdict in the sum of $383, which included interest to date of trial and the sum of $317, the amount for which the check was drawn.

Defendant has now moved for judgment n.o.v. or in lieu thereof for a new trial.

Plaintiffs had a joint checking account for many years where defendant bank had its East Liberty branch and also with its predecessor in title. On August 7, 1947, wife plaintiff drew a check…