First Trust & Deposit Co. v. LeMessurier

The question here is whether upon the pleadings and affidavits presented defendant has set up a defense entitling him to a jury trial. We are unable to say that a jury could not reasonably find that defendant’s testator McKibbin was nothing more than an assistant of plaintiff and one Carhart in a transaction intended to enable plaintiff to avoid trouble with the bank examiners; that the scheme was to temporarily lessen Carhart’s fine of credit with plaintiff and to create instead an apparent credit to McKibbin; that McKibbin received no consideration for executing the documents in the form of…