Pennsylvania Exchange Bank v. Lasko

After a six-day trial before Judge and jury — resulting in the cause being set for retrial because of the jury’s disagreement — the plaintiff has made certain motions, as follows: (1) for summary judgment on six of the seven causes of action (Rules Civ. Prae., rule 113); (2) to strike the defendant’s answer as to the remaining count alleged in the complaint as sham and frivolous and directing an inquest (Rules Civ. Prae., rule 103); and (3) to conform the pleadings to the proof. Voluminous affidavits and exhibits are 'submitted, as well as a portion of the trial transcript. (Parenthetically,…