Rooney v. First National Bank & Trust Co.

Keller, P. J.,

— This action was brought to recover the sum of $960.10, which plaintiff alleges was delivered to defendant bank by plaintiff’s agent on July 6,1948, for deposit in plaintiff’s account at the bank, but which sum was not credited to plaintiff’s account or otherwise accounted for by defendant. A jury trial was had and at the close of plaintiff’s case, the court, on motion of defendant, entered a compulsory nonsuit. The matter is now before the court to take off the nonsuit.

The sole issue at the trial was whether or not there was deposited on July 6, 1948, in defendant bank the sum…