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ROBINSON PRO. ALARM v. BOLGER & PICKER

512 Pa. 116 (1986)

516 A.2d 299

ROBINSON PROTECTIVE ALARM COMPANY v. BOLGER & PICKER, Appellee, v. Richard ROBINSON and Continental Bank, Appellants. Appeal of CONTINENTAL BANK.

Supreme Court of Pennsylvania.

Decided October 3, 1986.

Attorney(s) appearing for the Case

Marvin Comisky, Ronald H. Surkin, Victor A. Young, Philadelphia, for appellants.

Richard M. Jordan, Brent S. Gorey, Philadelphia, for Bolger & Picker.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

The pivotal question raised in this appeal is the applicability of section 2 of the Uniform Fiduciaries Act ("UFA"), Act of May 31, 1923, P.L. 468, 7 P.S. § 6361, in a suit for indemnity and/or contribution sounding in assumpsit against a bank for the subsequent misapplication of funds surrendered to a fiduciary who was entitled to receive said funds. For the reasons that follow we...

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