Roka v. E. P. Wilbur Trust Co.

Stewaet, P. J.,

This is a rule for judgment for want of a sufficient affidavit of defence. It appears from the facts admitted in the pleadings that, on or about Feb. 19, 1919, a savings account, No. 2866, was opened in defendant bank “in the name of John Roka or Julia Roka, his wife.” John Roka died on Sept. 3, 1926. The exact amount of the account on that date cannot be determined from the pleadings. The sixth paragraph of the statement of claim is as follows: “On Jan. 2, 1926, the balance due and owing was $1600; on Aug. 91, 1926, the balance was $1322.69; on Oct. 1, 1926, interest was…