Opinion
November 23, 1937.
November 29, 1937.
Harr v. Mikalarias, 328 Pa. 49, followed.
Argued November 23, 1937.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 22, Jan. T., 1938, from judgment of C. P. Montgomery Co., Sept. T., 1934, No. 199, in case of William D. Gordon, Secretary of Banking, receiver of Royersford Trust Company, v. E. Earl Nelson. Judgment reversed.
Assumpsit. Before DANNEHOWER, J.
The opinion of the Supreme Court states the facts.
Verdict and judgment for plaintiff. Defendant appealed. Errors assigned, among others, were various rulings on evidence.
Frederick B. Smillie, of Smillie Bean, for appellant.
Morris Gerber, with him Horace M. Barba, Special Deputy Attorney General, Oliver C. Cohen, Deputy Attorney General, and Charles J. Margiotti, Attorney General, for appellee.
This case is ruled by Harr v. Mikalarias, 328 Pa. 49. The judgment must therefore be reversed, without prejudice to plaintiff's right to discontinue and, after compliance with the requirements of section 723 of the Department of Banking Code of 1933, P. L. 565, to institute a new action.
Judgment reversed.