Connecticut Savings Bank v. First National Bank & Trust Co.

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, on behalf of its insurer, a sum of money debited to its account in the defendant bank on account of a check issued by it. It claimed that the indorsement of the payee thereof had…