Pestcoe v. Sixth Natl. Bk. of Phila.

Opinion by

Keller, J.,

This action in assumpsit was brought by the appellant against the Sixth National Bank of Philadelphia, a national banking association, and its conservator duly appointed by the Comptroller of the Currency of the United States, to secure a preference for a savings fund deposit which he had made in said bank and attempted to withdraw after thirty days ’ notice of withdrawal. He appeals from the order of the court below refusing judgment for want of a sufficient affidavit of defense.

The facts appearing from the pleadings may be summarized as follows:

Plaintiff was a depositor…