First Nat. Bank of Chicago v. Molesky

Plaintiff appeals from an order and judgment which sustained defendant’s motion to strike the complaint and to dismiss the action for alleged failure to state a cause of action. The sufficiency of the complaint is the only question presented upon this appeal.

The pertinent averments of the complaint are:

“Plaintiff’s claim is for $450.76, which sum was paid to defendant on December 27, 1955 by a mistake of fact to-wit:

On December 22, 1955 Plaintiff’s customer, W. C. Lukey, Jr. issued his check No. 1415 drawn on the Plaintiff, payable to the Defendant in the amount of $450.76.

On December 27,…