American Equity Life Insurance v. Miller

This is an appeal from an order of the circuit court, which will be reported, overruling a demurrer to plaintiff’s complaint. The complaint alleges separately two causes of action arising out of a single transaction wherein the defendant deposited the sum of $100,000 in an account to plaintiff’s credit, contemporaneously taking an irrevocable assignment of the account as security, and receiving from the plaintiff within sixty days thereafter an additional sum of $6,242.. In brief summary, the two causes of action are as follows. In the first, it is alleged that the said deposit was a loan,…