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CONNECTICUT SAVINGS BANK v. FIRST NATIONAL BANK & TRUST CO.

138 Conn. 298 (1951)

THE CONNECTICUT SAVINGS BANK OF NEW HAVEN v. THE FIRST NATIONAL BANK AND TRUST COMPANY OF NEW HAVEN.

Supreme Court of Connecticut.

Decided October 30, 1951.

Attorney(s) appearing for the Case

Morris Tyler and Richard H. Bowerman, for the appellant (plaintiff).

Albert H. Barclay, Jr., with whom, on the brief, were Curtiss K. Thompson and John W. Barclay, for the appellee (defendant).

BROWN, C. J., JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JS.

JENNINGS, J.

On a former appeal, reported in 133 Conn. 403, this court held (p. 414) that the complaint, seeking a declaratory judgment, was not vulnerable to demurrer. The question whether the plaintiff was entitled to bring an action in this form was held to lie within the discretion of the trial court and the case was remanded. In the Superior Court the plaintiff filed an amended complaint under which it sought to recover...

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