Lasser v. Philadelphia National Bank

Opinion by

Mr. Justice Maxey,

Plaintiff seeks, in this action of assumpsit, to recover the sum of $4,085, alleged to have been had and received by defendant to plaintiff’s use. At the trial, the jury returned a verdict in favor of plaintiff, but the court below entered judgment for defendant n. o. v., whereupon plaintiff appealed.

The facts follow: Wright Metal, Inc., is a fabricator of metal office partitions; it now operates under an assignment for benefit of creditors. In 1930, this company (hereinafter referred to as Wright) entered into an agreement with David Lupton Sons & Company of…