Harkness v. McClain

BlacKbuen, J.:

This suit is brought by an indorsee against the payee and indorser. The complaint is in the usual form, except in the manner of alleging protest and notice, which is as follows: “That on the 27th day of May, 1890, the said note was duly protested for non-payment thereof, and said note is now wholly unpaid.” The defendant demurred on the ground, among other things, because the complaint does not state facts sufficient to constitute a cause of action, and at the same time filed an answer. Ho answered a specific denial, and, further answering, says, “that at no time prior to the…