Monaghan v. Monaghan

This is an action of contract to recover the amount of a deposit in the Natick Five Cents Savings Bank which stood in the name of the plaintiff’s testator at the time of his death. The case was referred to an auditor, and it was agreed that his findings of fact should be final. Upon consideration of the auditor’s report the judge denied the defendant’s motion for judgment for him on the auditor’s report and allowed the plaintiff’s motion for judgment for him, and the defendant appealed. See G. L. (Ter. Ed.) c. 231, § 96. The case is properly before us on the defendant’s appeal from the…