Atkinson v. Melcher

This action was brought by respondent against defendants Melcher and wife and appellant Bank of Edwall. Appellant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against it. The demurrer was overruled, the Bank of Edwall elected to stand on its demurrer, refused to plead further, and judgment was rendered in favor of respondent. The Bank of Edwall alone appeals from the judgment.

The facts alleged in the complaint, which are admitted by the demurrer, summarized are these: On November 1, 1927, respondent entered into a written…