Tribulas v. Continental Equitable Title & Trust Co.

Opinion by

Mr. Justice Linn,

This suit in assumpsit was brought April 16, 1936, against Continental Equitable Title & Trust Co., which, at the time of the transactions to be considered, had been engaged in commercial banking. It had received savings funds as well as general commercial accounts. The plaintiff sued for $11,533.73 with interest from June 24,1931, averring that in prior years she had made deposits aggregating the sum of $12,000 and had received from the bank only $466.27. The 5th paragraph of the statement of claim is: “Plaintiff avers that all moneys [except $466.27] paid out of…