Kendall v. Calder

Opinion.— The overruling of the general demurrer to the plaintiff’s petition and amended petition is assigned as error. We think the allegations of the plaintiff’s supplemental petition, or, as it may be more properly termed, amended petition, sufficient to constitute a good cause of action.

It is alleged that the plaintiff, Calder, was selected when this suit was brought by the ladies, -who were virtually the depositors of the money claimed, with E. H. Kendall, deceased, as their selected depositary, and were' entitled to *733demand and receive the funds sued for, and was directed so to do by…