Paul v. Cosmopolitan Bank

This is a motion pursuant to section 976 of the Code, which authorizes bringing on 'the argument of a demurrer as a contested motion.

This is an action brought by the plaintiff against the defendant for dishonoring certain checks; the plaintiff alleging that at the time the said checks were drawn there were sufficient moneys in the hands of *561the defendant to pay the said checks, but that, by reason of the negligent conduct of the defendant, payment was refused. The separate defense contained in the answer of the defendant to the complaint alleges, by its “twenty-third” paragraph, as follows:

“Tha…