Manchester Moneta Avenue State Bank v. Smith

On the day of the trial of this action before any evidence was offered defendants moved for a judgment on the pleadings. This motion was denied, whereupon plaintiffs presented a similar motion, which was granted, and this appeal is prosecuted from the judgment thereafter rendered. Criticism is directed to the complaint on the ground that the allegations are incomplete, uncertain and made up largely of conclusions. Such defects as appear in the complaint may be disregarded for the reason that the judgment must be reversed, even though every allegation criticised be considered as having been made in proper form. In the complaint it is set forth: That plaintiff bank “had advanced to C. S. Summar a sum in excess of $19,000, a portion of which is represented by certain promissory notes heretofore executed in favor of Manchester Moneta Avenue State Bank, and the remainder of which was advanced by J. C. Smith personally”; that “to better secure the payment of the debts heretofore mentioned,” Summar procured the assignment of certain leases covering the land described in the complaint to be made to J. G. Smith to be by him held in trust for the use and benefit of the plaintiff bank; that…