Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.

This action at law rightly comes before us on appeal by the plaintiff from an order sustaining the defendant’s demurrer to the plaintiff’s declaration on the ground that no cause of action is set out in either count. Samuel v. Page-Storms Drop Forge Co. 243 Mass. 133. There are two counts for the same cause of action, one in tort alleging the facts at length, and the other in contract for money had and received with a bill of particulars. The *72facts alleged are that after the close of business hours on September 24, 1920, when the Cosmopolitan Trust Company was insolvent to the knowledge of…