McGehee v. Cooke

The action is brought upon a promissory note. The complaint alleges that the payee, prior to the commencement of the action, indorsed the note and delivered, transferred and assigned it so indorsed to the plaintiff, who is now holder and owner thereof. It nowhere appears whether plaintiff is a holder in due course, and defendant prays that the complaint he made definite and certain by alleging whether the paper was transferred to the plaintiff before or after maturity. It is contended that the motion must be denied because the moving papers contain an affidavit of merits. In Wolff v. Kaufman,…