Davis

This appeal is from an order sustaining a demurrer to the sixth amended complaint and directing judgment to be entered for the defendant, and from an order refusing to allow a seventh amended complaint to be filed. For convenience, unless otherwise indicated, we shall refer to the sixth amended complaint as the complaint, and to the seventh as the amended complaint and to the first complaint filed as the original complaint and to respondent as the bank.

Appellants claim that practically the samé question is presented for decision in both appeals and their argument is addressed largely to the proposition that the complaint and the proposed amended complaint each stated a cause of action and they declare in their opening brief that “the motion for leave to file an amended complaint was denied, we suppose it will be conceded, for the reason that the proposed complaint did not state a cause of action; for if it did, it would clearly be an abuse of discretion to refuse permission to file it.” ' •

The two leading cases cited in support of the position that appellants stated a cause of action are Estudillo v. Security Loan etc. Co., 149 Cal. 556 , [ 87 Pac. 19 ], and Flood v.…