General Insurance Co. of America v. Commerce Bank of St. Charles

KELLY, Judge.

This appeal is from the order of the trial court sustaining defendant’s motion to dismiss on the ground that the petition did not state a cause of action upon which relief could be granted, and ordering said petition dismissed at plaintiff’s costs. The single issue presented for review is the propriety of the trial court’s order.

The facts, gleaned from the appellant’s petition, assuming all allegations therein to be true, and construing them favorably to the appellant, are that in January, 1968, the Probate Court of St. Charles County appointed George O’Lary guardian of the…