Vansenden v. Kerr

Miller, Judge:

The sufficiency of plaintiff’s declaration being challenged by demurrer, the court below sustained the demurrer and certified the question to this court.

The action was upon the following instrument, called a note in the pleading:

“This is to certify that there is due and payable, out of the first funds available, to Thomas F. Barrett, or his assigns, fifteen hundred ($1500.00) dollars for money advanced to the undersigned Receiver to pay interest on the first issue of Receiver’s Certificates for period October 1, 1918, to April 1, 1919.

Morgantown, W. Va., July 10, 1919.

Raymond E.…