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BOHN v. FUND $1230.10. (07/21/55)

July 21, 1955

BOHN, APPELLANT,
v.
FUND OF $1230.10.



Appeal, No. 134, Oct. T., 1955, from judgment of Municipal Court of Philadelphia County, Oct. T., 1952, No. 479, in case of Irma E. Williams, known as Irma E. Bohn, and Russell C. Gourley, Admr., Estate of Peter Super, also known as Dymitri Czuper, v. Fund of $1230.10 Deposited in Office of Prothonotary, etc. Judgment affirmed.

COUNSEL

D. Arthur Magaziner, with him Richard A. Sprague and Sterling, Magaziner, Stern & Levy, for appellant.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 421]

OPINION BY WOODSIDE, J.

This appeal arises out of a dispute over the disposition of a balance of $1230.10 remaining in an account

[ 178 Pa. Super. Page 422]

    in the Burton C. Simon Savings and Loan Association in the name of Dymitri Czuper and Irma E. Williams. After Czuper died, Irma E. Williams, since married and now known as Irma E. Bohn, filed a complaint against the association, claiming that the entire balance on deposit belonged to her.

The association, having been advised of a claim by the administrator of the estate of Dymitri Czuper, filed a petition for interpleader upon the basis of which the court ordered the association to pay the $1230.10 to the Clerk of the Courts of Philadelphia County. The administrator of Czuper's estate subsequently filed a complaint as alternate plaintiff, contending that all or most of the fund was the property of the said Dymitri Czuper, and that his estate should share in the proceeds of the fund. Accordingly, Mrs. Bohn and the administrator became plaintiffs in the alternative against the fund.

At the time the account was set up both parties signed a signature card with the understanding that withdrawals were subject to the signature of both parties, and, in fact, all withdrawals were so made.

Four deposits were made in the account: the first on June 10, 1949 in the amount of $1800, the source of which does not appear from the evidence; the second on October 7, 1949 in the amount of $1375, and the third on June 11, 1950 in the amount of $166, the latter two being made by Mrs. Bohn out of her own funds; and the fourth on October 31, 1950 in the amount of $1000, the source of which does not appear from the evidence. Each of four withdrawals made from the account was signed by both parties.

At the trial before a jury Mrs. Bohn offered to prove that all funds deposited in the account were "entirely her own money and belonged to no one else." She further ...


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