Sobel v. National Bank & Trust Co.

Laub, J.,

This is a so-called “amicable action in assumpsit” in which, by motion and stipulation, both parties ask for an adjudication based upon an agreed set of facts. A complaint has been filed in simulation of an adversary proceeding, and both parties have asked for judgment upon that one pleading as bolstered by factual stipulations which *322they have filed in the case. The agreed facts are as follows:

On June 19, 1948, Elizabeth Johnson attacked her husband, Ernest F. Johnson, with a knife and inflicted wounds upon him which brought about his death on the following day. On June 21, 1948,…