Braswell v. Fleming

The first assignment of error is based upon the judgment of the court in overruling the demurrer to the complaint. The claim in this respect, first, is that the complaint does not sufficiently show such ownership of the note as to authorize suit by plaintiff because it does not allege an indorsement. But this is not necessary, when the promise is to pay money, except when the instrument is commercial paper and payable to order. Section 5699, Code; Clayton v. Bank of E. Chattanooga, 204 Ala. 64, 85 So. 271; Sample v. T. V. Bank, 200 Ala. 578, 76 So. 936.

The complaint does not show that the…