Meeker v. Shanks

The complaint in this case alleges “ that the defendants, by their joint and several promissory note, on the 31st day of December, 1881, ninety days after date, promised to pay to the order of James B. Jaqua, at the Citizens’ Bank, the sum of two hundred and fifty dollars,” and that Jaqua subsequently endorsed the note to the plaintiffs. A copy of the note, which appears to have been signed by the defendants, is made an exhibit with the complaint.

This was a sufficient averment of the execution of the note by the defendants, and the appellants’ objection that the complaint does not allege that…