Sheeran v. First National Bank

Pinola, J.,

We have before us preliminary objections in the nature of a demurrer to defendant’s answer and new matter.

Plaintiff brought an action to recover $6,196, the balance in savings account no. 47661, in defendant bank, on July .1, 1950.

In its answer defendant avers that plaintiff has failed to comply with two of its rules, which read as follows:

“4. The pass book must be presented to the bank whenever a deposit or withdrawal is made.

“5. Should a pass book be lost, the depositor shall furnish a satisfactory indemnity bond if requested.”

By way of new matter, it also avers that on December…