Allen v. Commercial Credit Co.

The Court of Appeals propounds to this court this

question: “ Is a suit by the holder of a 'promissory note subject to be dismissed on general demurrer, where the petition together with its exhibits affirmatively shows on its face that the note is payable to the order of another, and has not been indorsed by him, or assigned by written instrument attached thereto as an allonge, so as to go-with and form a part of the instrument itself; and'where the petition alleges that the plaintiff is the bona fide *546purchaser and holder of the instrument sued on, but fails to allege any sort of'written…