Waggoner v. Bank of Bernie

— This is an action for damages growing out of defendant’s failure to honor a check drawn on it by plaintiff and payable to the First National Bank of Dexter. Plaintiff has appealed from an order sustaining defendant’s demurrer to plaintiff’s petition. The petition, in so far as material, reads as follows:

“Plaintiff for cause of action further states that the defendant, the Bank of Bernie, was and is authorized by the laws of the State of Missouri to do a general banking business and to receive and pay out money for depositors in said bank,' which said depositsi are at all times subject to…