Miller Et Ux. v. Wayne Title Tr. Co.

Opinion by

Keller, P. J.,

Plaintiffs, Dr. and Mrs. Miller, brought this action of assumpsit against Wayne Title and Trust Company (hereinafter called Wayne) to recover $1,027.82, the remainder of a deposit made by them with the defendant, which, they alleged, it unjustly refused to pay over to them.

The trial judge directed a verdict in favor of the plaintiffs for the amount claimed, with interest, but subsequently entered judgment for the defendant non obstante veredicto. Plaintiffs appealed.

At the outset it must be emphasized that the deposit was not a banking account, subject to check or…