Kavanagh v. Wade

This is an appeal from a judgment dismissing plaintiff’s action as against respondents after their demurrers to the second amended complaint herein were sustained without leave to amend.

The second amended complaint in question contains two counts, the first for damages as the result of an alleged conspiracy to fraudulently deprive plaintiff of his money and certain shares of stock, the second in the form of a common count for money had and received. Respondents demurred to both counts, respondent Thomas Akin, sued herein as “First Doe’’, demurring separately, all on the same grounds, to wit:…