Valulis v. Phillip State Bank & Trust Co.

Mr. Presiding Justice Gridley

delivered the opinion of the court.

In an action in assumpsit, commenced in the superior court on July 10, 1930, there was a trial without a jury upon a stipulation of facts and certain documentary evidence introduced. On May 2, 1931, the court found the issues for defendant and entered a judgment for costs against plaintiff and he appealed. Each party submitted certain propositions of law which were ruled upon by the court.

Plaintiff’s original declaration consisted of a special count and the common counts. On defendant’s motion, plaintiff also filed a bill of…