Treadway v. Cobb

Cobb sued Treadway upon a promissory note executed by Treadway, as maker, to Joseph 1. Irwin, as payee. Tbe complaint avers that tbe note was assigned by Irwin to Cobb by indorsement on the back thereof. It also states that a copy of the note is filed with the complaint. It does not state that a copy of the assignment was filed. A copy of the note appears appended to the complaint. Ho copy of the assignment appears. The assignor is not made a party.

A demurrer was filed to the complaint, assigning two canses, viz: that the complaint did not state sufficient facts; and that it was defective as…