Gannon v. Gannon

Plaintiff sues his wife to impress a trust on one half of $8,890 which she withdrew from a joint savings account. Defendant counterclaims for a separation. By previous order of this court the counterclaim was tried separately but simultaneously with the action to impress a trust. The parties stipulated that the proof adduced on the plaintiff’s cause of action which was pertinent and relevant to the issues on the counterclaim could be considered by the court as proof in the latter, without again offering such proof. This decision disposes of both causes of action.

The material facts as found by…