Berkheimers, Inc. v. Citizens Valley Bank

Plaintiff brought this action to recover damages resulting from defendant bank’s alleged conversion of the proceeds of a check. The defendant demurred to the complaint on the ground that it failed to state a cause of action. The trial court sustained defendant’s demurrer and entered an order dismissing the complaint with prejudice. Plaintiff appeals.

The sole question on appeal is whether plaintiff’s complaint states a cause of action. On review we accept the allegations of plaintiff’s complaint as true.

Plaintiff’s complaint alleged:

urn # # # *

“in

“During the months of August, September, and…