Powell v. Third National Bank & Trust Co.

Opinion by

Keller, P. J.,

This was an action of assumpsit brought by “James J. Powell and T. A. Donahoe, Trustees” against Third National Bank and Trust Company of Scranton, Pa., to recover $2041.71, alleged to be on deposit to their credit in the defendant bank, but which it refused to pay on their order. The bank’s defense was that it had applied $2015.27 of said amount to the payment of a demand note for $1900 held by it, signed by M. J. Dempsey, as a joint and several maker with W. W. Walsh and Keystone Brewing Company, DempSey and Walsh being the president and secretary respectively of…