Von Fricken v. Bankers Trust Co.

— Plaintiff alleges in his complaint that the defendant collected the proceeds of seven cheeks drawn to his order and paid the proceeds over to another upon the latter’s forged indorsement. The answer sets up the Statute of Limitations, and defendant moved to dismiss on the ground that the causes of action are barred *875thereby. Order granting defendant’s motion to dismiss the amended complaint, and the judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No demand was necessary to perfect plaintiff’s right of action. A demand is a prerequisite to…