Western Title Insurance & Guaranty Co. v. Bartolacelli

This is an appeal from a judgment based on the sustaining of demurrers without leave to amend to plaintiff’s second amended complaint.

Plaintiff, Western Title Insurance and Guaranty Company, filed its original complaint in this action naming Delindo Bartolacelli as the sole defendant. That complaint stated but two causes of action. The first alleged that Bartolacelli, on December 1, 1951, executed a check payable to plaintiff in the sum of $8,500; that the check was presented, and that payment was refused. The second cause of action was a common count for the amount of the check. Bartolacelli…