Fortna v. Commonwealth Trust Co.

Opinion by

Mr. Chief Justice Schaffer,

This is an appeal from the judgment of the court below in favor of appellee in the sum of $5,248.00 and ordering appellant to return a certain bond and mortgage to her.

The action is assumpsit on a written contract, dated February 2, 1914. Appellee deposited with appellant Trust Company the sum of $13,800.00 in trust for the uses and purposes named in the agreement. By its terms appellant agreed to “repay the principal sum” of $13,800.00 on six months’ written notice. It was provided that “any increase which may be earned or made by said Trustee in the…