BERKHEIMERS, INC. v. CITIZENS VALLEY BANK


529 P.2d 903 (1974)

BERKHEIMERS, INC., an Oregon Corporation, Appellant, v. CITIZENS VALLEY BANK, an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided December 19, 1974.


Attorney(s) appearing for the Case

Andrew P. Kerr, Portland, argued the cause for appellant. With him on the briefs were Yerkovich, Gilbertson & Brownstein, Portland.

Richard B. Hagedorn, Albany, argued the cause for respondent. With him on the brief were Weatherford, Thompson, Horton & Jordan, Albany.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


BRYSON, Justice.

Plaintiff brought this action to recover damages resulting from defendant bank's alleged conversion of the proceeds of a check. The defendant demurred to the complaint on the ground that it failed to state a cause of action. The trial court sustained defendant's demurrer and entered an order dismissing the complaint with prejudice. Plaintiff appeals.

The sole question on appeal is whether plaintiff...

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