A. Hamburger & Sons, Inc. v. Kice

The judgments herein appealed from were entered after demurrers to the amended complaint of plaintiff and appellant had been sustained. The amended complaint was in two counts, the first being an action upon stockholders’ liability growing out- of a promissory note. No question is raised by appellant as to the propriety of the order sustaining demurrers to the first count of the complaint. After leave of the court had been had and obtained, appellant filed this amended complaint, which amended complaint for the first time set up a second count in addition to a reiteration of the first count…