Dempsey v. 1st Nat. Bk. of Scranton

Opinion by

Mr. Justice Drew,

This action for a writ of alternative mandamus was brought by appellant, James J. Dempsey, Jr., against First National Bank of Scranton to have certain United States Treasury checks, totalling approximately $36,000, delivered to him. The bank, having disclaimed any title to the checks, interpleaded appellee, G-. J. Berlinghof, surviving executor of the Estate of Ella E., or Ellen E., McCarty, Deceased. The case has been tried twice. The first trial resulted in a jury’s verdict in favor of Dempsey. The learned court below refused to enter judgment n.o.v. in favor of…