Herzfeld v. National City Bank

Upon an “ agreed statement of facts and issue, ' submitted to the court in lieu of affidavits under the stipulation between the parties, the plaintiffs have moved under rule 113 of the Rules of Civil Practice for summary judgment in their favor upon the cause of action set forth in the complaint, whereas the defendant has moved pursuant to rule 113 for an order dismissing the complaint and directing judgment in favor of the defendant.

The agreed statement recites the action in replevin which had been previously commenced by the plaintiffs on October 11, 1940, to recover from the defendant the…