Consol. Nat'l Bank v. Pac. Coast S.S. Co.

The complaint in this action, showing that plaintiff and defendant are corporations, is in two counts; the first alleging “ that defendant is indebted to the plaintiff for moneys had and received by it from the plaintiff in the sum of $13,574.47, which sum is now due and unpaid.” In the second count it is alleged, substantially, that for many successive years the defendant did business with the plaintiff by depositing in plaintiff’s bank, at the city of San Diego, and drawing therefrom on its checks large sums of money; during which time the defendant frequently overdrew its account in large sums, which were repaid at various times, except as hereinafter alleged. “That between April 18, 1889, and November 1st of same year, the defendant, by its checks, regularly drawn on the plaintiff, overdrew its account in plaintiff’s said bank, in the sum of $10,754.91,” which, with interest at twelve per cent per annum, amounts to $13,574.47. For this amount plaintiff prays judgment. A special demurrer to the first count, on the ground of uncertainty, was sustained by the court.

The answer of the defendant specifically denies each allegation of the second count, except that each party is a…