Gordon v. Fifth Ave. Bank of Pbg.

Opinion by

Mr. Justice Linn,

Plaintiff is secretary of banking, in possession of tbe Merchants Savings and Trust Company for purposes of liquidation under the Banking Act of 1923 P. L. 809 as amended. Among the assets was a certificate of deposit issued by defendant to a payee named Breitwieser, and endorsed by him; payment was refused and this suit followed. The certificate is in these word:

“The Fifth Avenue Bank of Pittsburgh, Pa.

“Int. $206.25

“13,750.00 “Pittsburgh, Pa., June 10, 1931.

“13,956.25

“Edw. Breitwieser has deposited in this Bank exactly Thirteen Thousand Seven Hundred Fifty Dollars…