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REAL GOOD FOOD STORE, INC. v. FIRST NAT. BK. OF OR.

557 P.2d 654 (1976)

276 Or. 1057

REAL GOOD FOOD STORE, INC., Dba Food Front, an Oregon Nonprofit Corporation, Respondent, v. FIRST NATIONAL BANK OF OREGON, a National Banking Association, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 23, 1976.

Attorney(s) appearing for the Case

Graham M. Hicks, Portland, argued the cause for appellant. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener and Fredric A. Yerke, Portland.

Michael A. Corn, Portland, argued the cause for respondent. With him on the brief was Henry A. Carey, Jr., Portland.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, TONGUE, HOWELL, BRYSON and LENT, JJ.

TONGUE, Justice.

This is an action against a bank to recover $1,169.64 alleged to have been placed by plaintiff in a "night depository" of defendant, but not credited to plaintiff's account. Defendant demurred to the complaint. The demurrer was overruled and defendant declined to plead further. Judgment was then entered for plaintiff and defendant appeals.

By its demurrer defendant admits, for purposes of the demurrer, plaintiff's allegations that plaintiff...

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