Dalmatinsko Dobrotvorno Drustvo Sveti Frano Imotski v. First Union Trust & Savings Bank

In a first class action in assumpsit, tried before a jury, the court at the conclusion of all the evidence instructed them to return a verdict in favor of defendant,. and, after such verdict had been returned, entered judgment against plaintiff for costs. The main contention on this appeal is that the court erred in giving such instruction for defendant and in entering the judgment.

In plaintiff’s statement of claim it is alleged in substance that on May' 14, 1931, it had on deposit with defendant bank the sum of $1,789.65, under pass book No. 500,354; that on May 21, it withdrew the sum - of…