Fulton National Bank v. Callaway Memorial Hospital

HENRY I. EAGER, Special Commissioner.

Plaintiff, in a third amended petition, sought recovery of $26,404.35, plus interest and attorneys’ fees, from the Callaway Memorial Hospital and its trustees. Suit was first instituted on March 15, 1967. The first count was upon various notes which the hospital had allegedly endorsed; the second count was for money had and received, supposedly accruing because of money paid for the purchase of the same notes. The trial court sustained the motion of defendants to dismiss both counts for failure to state a cause of action, which we construe as the failure…