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MULRY v. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND

No. 384-Appeal.

247 A.2d 847 (1968)

Frances B. MULRY v. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND as Executor u/w of Harry T. Mulry.

Supreme Court of Rhode Island.

November 18, 1968.

Attorney(s) appearing for the Case

Graham, Reid, Ewing & Stapleton, Edward J. Regan, Providence, for plaintiff.

Edwards & Angell, Edward Winsor, Providence, for defendant.

OPINION

PAOLINO, Justice.

This is an action of the case in assumpsit.1 After the pleadings were closed the defendant, pursuant to rule 12 (c) of the rules of civil procedure of the superior court, filed a motion for judgment on the pleadings on the ground that it was entitled to judgment as a matter of law on the undisputed facts appearing in the pleadings. This was essentially a motion to dismiss for failure to state a claim...

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