Page v. Provident Savings Bank & Trust Co.

This case came on for trial in the Common Pleas Court upon an amended petition, the answer thereto and a reply. At the conclusion of the plaintiff’s evidence, the court sustained the defendant’s motion for an instructed verdict, and, thereafter, overruled the plaintiff’s motion for a new trial and entered judgment on the verdict for the defendant. It is from that judgment that this appeal on questions of law was taken.

It is admitted that the plaintiff, within the time allowed by law, presented to the defendant as executor of the estate of Thomas L. Thayer, deceased, a duly verified claim for…