First Huntington Nat. Bank v. Salt Lick Deposit Bank

HICKENLOOPER, Circuit Judge.

The only question presented by this appeal is whether the amended petition of the plaintiff below states a cause of action. Although an answer and reply had been filed, the action was dismissed as upon demurrer to the petition. The parties have not argued, and we do not therefore consider, whether the answer of the defendant set forth facts constituting a valid defense, or whether the reply of the plaintiff properly raised any issues of fact or law.

The petition as amended sets forth in substance that prior to maturity the plaintiff, First Huntington National Bank,…