KIMEL v. Briggs

The opinion of the court was delivered by

Schroeder, J.:

This is an action founded on a written instrument for the unconditional payment of money.

The petition alleges that the plaintiffs are the holders of a promissory note upon which there is due the sum of $3,000 together with interest at the rate of 6% per annum from the 19th day of May, 1956. A copy of the note was attached to the petition and by reference made a part thereof.

The trial court sustained a demurrer to the answer filed and thereupon the defendant filed an amended answer and cross petition which was not verified. The action was…