Henderson v. Greeley National Bank

An action by a depositor to recover from a bank damages in a sum equal to that portion of his deposits disbursed by the bank allegedly without authority and in violation of an oral trust agreement in relation thereto. Proceeding on the bank’s demurrer set forth in its answer to the amended complaint, considered as a motion to dismiss under the Colorado Rules of Civil Procedure, the court entered judgment of dismissal of the cause, with costs. Other questions will have attention as we proceed, but since the sufficiency of plaintiff’s allegations is a major inquiry on error, examination of the…