Villani v. National City Bank

This motion is to dismiss the complaint for failure to state a cause of action. In form, the action is for a declaratory judgment. The facts alleged are the following:

The Bank of America National Association was merged with the defendant on November 28, 1931. Prior thereto, and between June 20, 1931, and September 8, 1931, the plaintiff deposited with the Bank of America National Association, and it agreed to repay, the sum of $6,600 on July 1, 1932, and $1,100 on September 8, 1932. Plaintiff’s bank book has been lost, stolen or destroyed, and she demanded a new book. The defendant refused to…