McSweeney v. Equitable Trust Co.

Jayne, S. C. C.

This motion was made on behalf of the plaintiff for the allowance of a rale striking ont the answer filed by the defendant in this action. A precursory reference to the allegations of the complaint and to the averments of the answer suffices to exhibit the controversial points debated by counsel. Affidavits have been submitted which more definitely disclose the underlying factual situation but it is not observed that aim fact of influential legal significance is in dispute. The complaint alleges that on September 1st, 1933, tbe plaintiff was a depositor of the defendant…