Schwab v. Continental-Equitable Title & Trust Co.

Opinion by

Me. Justice Deew,

This action is in assumpsit to recover the sum of $10,000 deposited with defendant subject to the terms of an oral agreement. The jury returned a verdict for defendant. Plaintiff’s motions for a new trial and for judgment n. o. v. were denied. This appeal followed.

Plaintiff was the owner of premises subject to a first mortgage held by defendant, which, being in default, plaintiff was requested to pay. In deferring its demand for plaintiff’s accommodation, defendant agreed to accept a deposit of $10,000 in a “suspense account” subject to the terms of an oral…