Collins v. McDonald

This suit was brought upon a promissory note, payable to the order of John F. Campbell, through whose endorsement plaintiff claims ownership of the note.

*736Judgment was taken by default, and on making’ the same final, plaintiff offered the note in evidence, but failed to prove the signature of the endorser.

Defendant appeals, and demands a reversal of the judgment, for want of proof of title to the note.

The objection is well taken. The judgment by default does not relieve the plaintiff from proof of his demand. O. P. 312. He has not proven his demand in this ease until he has shown that he has…