Wardlaw v. Chattanooga Savings Bank

Bbovees, O. J.

1. Where A sues B upon a past-due promissory note, executed by B and payable to the order of C, and where the copy of the note, attached to the petition, fails to show any indorsement or transfer of the note Dy C, and where the petition fails to allege (except upon the copy of the notice as to attorneys’ fees, attached as an exhibit to the petition, which notice B’s answer admits was served upon him) that the note was transferred from 0 to A, the petition, while possibly subject to a timely and appropriate special demurrer, sets out a cause of action, the presumption being that…