Mulry v. Industrial National Bank

This is an action of the case in assumpsit.1 After the pleadings were closed the defendant, pursuant to rule 12 (c) of the rules of civil procedure of the superior court, filed a motion for judgment on the pleadings on the ground that it was entitled to judgment as a matter of law on the undisputed facts appearing in the pleadings. This was essentially a motion to dismiss for failure to state a claim upon which relief could be granted and was so treated by the superior court. The case is before us on the plaintiff’s appeal from the judgment of the superior court granting the defendant’s…