McNeely v. Howley

Bretherick, J.,

The interesting and rather unusual question before us arises by way of defendants’ preliminary objections in the nature of *43a demurrer to plaintiffs’ complaint in assumpsit. The preliminary objections must be overruled.

Plaintiffs aver in their complaint that on or about October 31, 1950, for full value received, defendants executed and delivered to plaintiffs their promissory note bearing that date for $8,300, payable on demand, a copy of the note being made part of the complaint; that plaintiffs are the holders and owners of the note for value, and there are no equities or…