Consolidated Reservoir & Power Co. v. Scarborough

This is an appeal from a judgment entered upon an order sustaining demurrers to the second amended complaint without leave to amend.

The action sounds in fraud, and has for its purpose the recovery of certain damages and properties which it is averred the plaintiff has respectively suffered and lost by reason of an asserted fraudulent conspiracy between the defendants. The alleged fraudulent transactions of which complaint is made occurred in 1924. This action was commenced more than four years thereafter. In brief, the second amended complaint alleges that the plaintiff corporation was the…