Garner v. Cook

This cause was commenced before a justice of the peace. Mary Jane Cook and Daniel Cook wore plaintiffs and Peter Garner was defendant. The complaint filed was a promissory note payable to Mary Jane Coghill executed by the defendant, was without indorsement, and there was no express averment showing that the plaintiffs *332owned the note. It is contended that this was not sufficient as a complaint. We think otherwise. When Vandagrift v. Tate, 4 Blackf. 174, was decided the equitable owner of a note could not sue upon it in his own name; now he can; and the possession of the note is evidence of…