Fenimore v. Concrete Building & Loan Ass'n

Opinion by

Baldbige, J.,

The plaintiffs, as assignees, brought an action of assumpsit to recover the amount alleged to be due on matured stock issued by the defendant building and loan association. After the pleadings were filed the plaintiffs moved for judgment for want of sufficient affidavit of defense. The court granted a rule, which, after argument was made absolute. Judgment was entered and damages assessed in the sum of $1,259.68.

The following facts are in substance averred in plaintiffs’ statement of claim. Walter H. Fenimore died testate July 9,1931. In his will he bequeathed the…