Abrams v. Homewood Bank

Montgomery, J.,

Plaintiff seeks judgment on the pleadings which consist of the complaint and an answer containing new matter. Plaintiff has not replied to the new matter and has not been ruled to do so. Instead, he has filed a motion for judgment and in support of same argues that although the new matter be true, it is an insufficient defense to the claim.

This is an action of assumpsit brought by one of defendant’s depositors to recover a sum of money which *558defendant wrongfully paid from his account on a check drawn by plaintiff but after defendant had been notified to withhold payment. The…