Casten v. Windett

The opinion of the court was delivered by

Hopkins, J.:

This controversy involves the question whether the assignee of a nonnegotiable note which contained a stipulation that it was not transferable may recover from the maker. The action was filed before a justice of the peace. The bill of particulars alleged that the note was assigned to the plaintiff after maturity and for a valuable consideration. An appeal was taken (from the judgment of the justice of the peace to the district court, where a demurrer to plaintiff’s bill of particulars was sustained on the ground that it failed to state a…