First National Bank v. Carroll Township

Rhodes, J.,

Opinion by

This is an action in assumpsit for money had and received, which was instituted by plaintiff bank against Carroll Township, a second class township, located in Washington County. In disposing of the previous appeal (140 Pa. Superior Ct. 70, 13 A. 2d 121), we reversed the judgment entered in favor of plaintiff, for the reason that judgment could not be entered against a township, or other municipality, for want of a sufficient affidavit of defense. We remitted the case for trial on the merits. The trial judge gave binding instructions in plaintiff’s favor, and after…