Hook v. White

By the Court, Sprague, J.

This action is upon a joint and several promissory note, by the payee against one of its makers. The complaint avers: “ That at the time and place therein mentioned defendant executed to plaintiff a promissory note in writing, of which the following is a copy,” setting out the note in hoec verba, and then avers: “That said note has not been paid, nor any part thereof, except the interest up to March 1st, 1867, and that the entire principal sum of said note, together with interest from March 1st, 1867, was then due from defendant to plaintiff.”

The defendant’s answer…