Thomson v. Madison Building & Aid Ass'n

The first paragraph of the appellee’s complaint declares upon a note and mortgage executed by the ■appellants to John C. Smith.

It is contended that this paragraph of the complaint is bad because it does not aver that the note and mortgage were assigned to the appellee. This position is not tenable.

Where the complaint is against the maker of a note, it is sufficient to show title in' the plaintiff, and this may be done by alleging that it was sold and assigned to him. The appellants confuse this case with an action founded upon an *280endorsement brought against an endorser; whereas the two cases…