Magee v. Grange National Bank of Wyoming County

Opinion by

Rhodes, J.,

This is an action in assumpsit in which plaintiff asked for an accounting. The question presented is whether a prior trespass action between the same parties adjudicated the issues in this action. The court below held that it did not, and that defendant should account. We shall affirm the court’s order.

Mabel Vanderworker was the owner of ten shares of stock which she pledged in 1924 with defendant as collateral security for the payment of a note given by her husband, J. J. Vanderworker, to defendant. The note was for $4,300. The last renewal was for $1,700 on August…