Gentile v. American State Bank & Trust Co.

Opinion by

Mr. Justice Drew,

Plaintiff brought this action of assumpsit against the American State Bank & Trust Company, to recover a sum of which he was defrauded by an employee of the bank, one Angelini. Subsequently, the secretary of banking, who, after the institution of the suit, had taken possession of the bank, caused the American Surety Company of New York, the surety on Angelinas fidelity bond, to be joined as additional defendant by a writ of scire facias issued under the Act of April 10, 1929, P. L. 479. At the trial, the jury returned a verdict for plaintiff against the bank, and…