Gilmartin v. Osborne Trust Co.

The plaintiffs have moved for summary judgment on the pleadings pursuant to rule 113 of the Rules of Civil Praqtice or, in the alternative, granting partial summary judgment.

*564The action is one brought by the plaintiffs as executors of the last will and testament of Thomas D. Gilmartin, deceased.

Thomas D. Gilmartin died on October 4, 1941, at which time there was on deposit in the defendant bank the sum of $2,623.52 to the credit of the deceased. At that time the bank was the owner and holder of a note made by the deceased in the sum of $800 dated August 21, 1941, and due November 21, 1941. The…