[DOWNLOAD] "Westfield Sav. Bank v. Leahey Et Al. (Two" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

eBook details

Title: Westfield Sav. Bank v. Leahey Et Al. (Two
Author : Supreme Court of Minnesota
Release Date : January 15, 1935
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

LUMMUS, Justice. The first of these cases is a bill, based upon alleged indebtedness resulting from a guaranty by Francis J. Leahey and Thomas L. Leahey of a mortgage debt, to reach and apply a deposit in the plaintiff bank which until 1931 stood in the name of the defendant Francis J. Leahey, but which in 1931 was transferred into the names of Francis J. Leahey and Robena S. Leahey subject to withdrawal of whole or part, by either or the survivor of either . Robena S. Leahey answered the allegation of the bill that she has no substantial ownership, if any in the deposit, by asserting that she had deposited funds of her own upon the said book or deposit. Nothing was done to require her to answer more definitely, or to take advantage of her failure to do so. Francis J. Leahey admitted making the contract of guaranty, but to the allegation that he owed a balance of $8,247.98 thereunder he answered that he neither admits nor denies the allegations * * * but leaves the plaintiff to prove the same. This pretended answer was in substance a refusal to answer, and was a flagrant violation of Rule 29 of the Superior Court (1932). Under that rule, although the pretended answer did not constitute an admission of the fact alleged in the bill (as it would have done under our Equity Rules 6 and 23, 252 Mass. 602, 606, Calnan v. Guaranty Security Corp., 271 Mass. 533, 541, 171 N.E. 830), the plaintiff could have moved that the allegation be taken for confessed for want of sufficient answer. Nothing of the sort was done.