115 Iowa 11 | Iowa | 1901
I. Appellant presents three propositions, namely: Was the motion for judgment proper at the time and under the allegations of the pleadings? If proper, was the court warranted in sustaining the same ? Was the court warranted in dismissing the petition of intervention? A consideration of these contentions requires that we notice what the allegations of the pleadings are. They are quite lengthy, but may be summed up as follows: Plaintiff states as his cause of action that during the years 1894-, 1895, and 1896 he was engaged in business in Chicago; that during those years he deposited with the defendant bank, at divers
II. Appellant’s counsel says that a motion for judgment on the pleadings is properly entertained “when an amount is admitted to be due.” The amount must be admitted to be due to the person in whose favor judgment is asked. If it should be said that notwithstanding the general denial of the bank it admits an amount due from it, it does not admit that it is due to the plaintiff. In the third paragraph of the answer it emphasizes its general denial by alleging, in effect, that the money is due to the intervener. Defendant and intervener each pleads that the deposits were by the intervener, and, as to the plaintiff, they plead that the transaction was illegal, and the intervener asks judgment against the defendant upon' the allegations of his petition. Surely, with these issues joined, it cannot be said that an amount is admitted in the pleadings to be due from the defendant bank to the plaintiff. We think the court erred in rendering judgment on the pleadings, and that the case should have gone to trial on the issues joined. — Reversed.