Greener v. Greener

The trial court determined two controlling issues of fact against plaintiff: (1) That the defendant was not guilty of the acts of cruelty claimed by plaintiff. A contrary finding on this issue would have clearly entitled plaintiff to a divorce. (2) That the parties did not intend to create a joint ownership in the moneys on deposit in the joint bank accounts. A contrary finding on this issue would have required the court to find that plaintiff was half owner of those moneys. The second proposition, the trial court held and we hold, requires clear and convincing evidence of a contrary…