Union Bank v. Hackett, Gates, Hurty Co.

Tfiis is ah action'for money had and received. The defendant demurred on the grovmd-that the complaint failed to state facts sufficient to constitute a cause of action. Erom an order overruling the demurrer the defendant appeals.

Of course the demurrer admits only facts well pleaded. On the other hand, on demurrer, all the intendments both inferential and presumptive are in favor' of the challenged pleading. Thus considered, the complaint, which is exceedingly meager in its allegations, may be said to state: That the plaintiff is a domestic banking corporation; the defendant, a foreign…