Morgan v. City National Bank & Trust Co.

This is an appeal from the judgment of the trial court sustaining the demurrer to the second amended petition. The entry of the trial court indicates that the plaintiff, appellant herein, did not ask to plead further, and the court “orders that defendant go hence without day and recover its costs herein.”

The second amended petition alleged that on June 18, 1962, the defendant corporation was named executor of the estate of Della B. Gary; that on or about August 21, 1962, the plaintiff filed with the defendant an oral claim for services rendered to the decedent; and that on the same day the…