Malone v. Marano

Opinion by

Mr. Justice Schaffer,

The executor of John Martelly, also known as Giovanni Martello, seeks to recover from defendant, a private banker, a balance claimed to be due on a deposit made by the decedent with defendant. The court below decided that plaintiff had not made out his claim and entered a nonsuit, which it refused to take off. Hence this appeal by plaintiff. The parties informally and not under the Act of April 22, 1874, P. L. 109, 12 P. S. Sec. 688, agreed that the case should be tried before the court without a jury. If there had been a formal reference of the case under the…