Harris v. the Munro Co.

Plaintiff took judgment against defendant by default upon a complaint containing two counts, each upon a promissory note. The note sued upon in the first count was past due, but the note sued upon in the second count was neither due when the complaint was filed nor when judgment was entered. The judgment was for the sum of the two notes, and is clearly erroneous and not supported by the pleadings. The note sued on in the second cause of action appearing by its terms as set forth in the count not to have been due when the action was commenced, such count stated no cause of action. (Harmon v.…