George

A demurrer to the original complaint was sustained and plaintiff filed an amended complaint. To this pleading a demurrer was likewise interposed. It was sustained by the court without leave to amend, and judgment went for defendant. Plaintiff appeals from the judgment.

There is no contention that plaintiff desired further to amend, and the briefs respond to the one question only: Does the complaint state a cause of action? This is the sole question to be considered here.

The facts as alleged in the complaint are concisely put in appellant’s opening brief as follows: “The complaint alleges that Lynch drew his check to the order of Vanderbilt and gave it to Allen, who had no authority to receive or endorse the same; that the drawee bank accepted and certified the cheek; that Allen thereupon forged the payee’s name and passed the check to Cohen; that Cohen collected the amount thereof from the defendant bank; and defendant in turn collected the amount from the drawee bank; that the payee has demanded the amount from defendant, who refuses to pay.” Plaintiff is the assignee of the payee.

It seem that the exact point here presented has never been preseited to the reviewing courts of…