Fidelity & Deposit Co. v. Farmers & Citizens Bank

Plaintiff appeals to this court on a question of law from an order of the trial court sustaining a demurrer to its amended petition and the entering of judgment in defendant’s favor. It is here urged that the court erred in so doing.

The action was commenced on September 27, 1941. The facts averred in plaintiff’s pleading necessary to an understanding of the issue made are as follows:

Plaintiff sues upon an implied contract for money had and received. It is pleaded that one Frank E. Smith, on September 5, 1935, drew a check upon his account in The Fairfield National Bank of Lancaster, Ohio, in…