Bay State Milling Co. v. Hartford Accident & Indemnity Co.

Loring, Justice.

In a suit by a depositor upon a policy insuring it against loss through failure of any bank to pay to the insured the money such bank may collect on any demand draft forwarded from any of the insured’s offices, the trial court overruled a demurrer to the complaint.

It was stipulated that the only question presented here is whether the First National Bank of Minneapolis is liable to its depositor, the plaintiff herein, by reason of the facts alleged in the complaint. If the bank is liable plaintiff has suffered no loss. If it is not liable plaintiff is admittedly entitled to…