Bavarian Brewing Co. v. Retkowski
Superior Court of Delaware
Action by the Bavarian Brewing Company against John Retkowski. On motion to strike off demurrer to declaration. Motion allowed. See ante, 109 Atl. 55. This action was one of several brought severally against the indorsers of a promissory note by the original payee. The declaration was in the usual form on a protested promissory note, a copy of the note being attached to the declaration.
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Action by the Bavarian Brewing Company against John Retkowski. On motion to strike off demurrer to declaration. Motion allowed. See ante, 109 Atl. 55. This action was one of several brought severally against the indorsers of a promissory note by the original payee. The declaration was in the usual form on a protested promissory note, a copy of the note being attached to the declaration. A demurrer has been filed with the allegation therein that the promissory note sued upon is a renewal of an original promissory note and sets up a collateral agreement alleged to have been executed at the same…
1Opinion of the Court
Boyce, J.:
[1] The plaintiff has declared upon a promissory note against several indorsers individually, in the usual manner. The defendant has demurred, to the declaration generally and specially, basing his grounds of demurrer upon a collateral agreement, shown to the court in the demurrer, entered into between the makers of the note, the indorsers and the plaintiff simultaneously with the delivery of the original note, the renewal of which is sued upon.
The statement of the cause of action in the declaration is on its face neither defective in form nor insufficient in substance to support…
2Cases cited3 opinions
- Tyler v. HandSupreme Court of the United States · 1849
- New London City National Bank v. Ware River RailroadSupreme Court of Connecticut · 1874
- United States v. One Blue Taffeta Evening CoatDistrict Court, S.D. New York · 1917