Legal Opinion

Meier v. Fidelity National Bank

Washington Supreme Court

Decided July 31, 1906No. 6239Published

Appeal from a judgment of thei superior court for Spokane county, Poindexter, J., entered January 18, 1906, upon sustaining a demurrer to the complaint, dismissing an action against a hank for the' diversion of the/ proceeds of a draft.

1Opinion of the CourtRoot, J.

This appeal is from a judgment entered in favor of the respondent against appellant, dismissing the action upon appellant’s failure to plead further, after the court had sustained a demurrer to the amended complaint. The material facts appearing in the complaint were about as follows: The Sprague General Supply Company, on February 13, 1904, recovered a judgment against one A. F. Farver for $774.92, upon which execution ran, certain property was sold, and the proceeds applied, leaving a balance of $331.36 unsatisfied. Payment of said balance was demanded of Farver, who refused to pay.…

2Cases cited13 opinions

  1. Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
  2. Jessup v. . CarnegieNew York Court of Appeals · 1880
  3. Lansing v. EastonNew York Court of Chancery · 1839
  4. State v. BarrWashington Supreme Court · 1895
  5. Hexter v. CliffordSupreme Court of Colorado · 1879

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