Westcott v. Patton

This was an action on promissory notes by the assignee against the maker, Harriet E. Westcott. The complaint was *545in the usual form, and was unobjectionable. It recited, among other things, that “ before the maturity of said note, for a valuable consideration, said Robert Patton ” (payee) “ sold and assigned the said notes to this plaintiff, who is now the legal and lawful holder and owner thereof.” The answer admitted the execution and delivery of the notes, and that the same were unpaid. It also set up that at the time when ¿aid notes fell due, plaintiff was ready, able and willing to pay…