Marine Midland Trust Co. v. Douvanis

WIEAND, J.,

Socrates J. Douvanis, defendant in these proceedings, was the endorser of a note made payable to Marine Midland Trust Company of Southern New York, plaintiff. When the makers failed to pay the note, plaintiff bank instituted an action in assumpsit on defendant’s endorsement and ultimately recovered a judgment against him for $26,434.88.

Plaintiff has now given notice pursuant to Pa. *404R. C. P. 3117 that it intends to take the depositions of defendant and his accountant for the purpose of discovering assets against which execution may be issued. Defendant and his accountant object to…