Morganti v. Casey

This is an action of contract in which the plaintiff seeks to recover a balance alleged to be due him *47on account of a deposit, made by him with the defendant under the terms of a contract in writing. The case was tried before a judge sitting without a jury, who found for the plaintiff; it now comes before us upon the defendant’s exceptions to the refusal of the judge to make certain rulings in accordance with his request.

The evidence in its aspect most favorable to the plaintiff would have warranted the judge in finding the following facts. On June 5, 1929, the defendant, doing business with…