Marion & Mississinewa Railroad v. Hodge

Hodge, the appellee, sued the appellants, an incorporated company, upon several orders, drawn in the following form:

“The treasurer of the Marion and Mississinewa Valley *164Railroad Company: Pay five dollars to J. D. Cook. Allowed December 22, 1853. This will be received in payment of all dues to the company. December 22, 1853. Joseph Lomax, President. Jno. M. Wallace, Secretary.

The complaint averred that the orders had been assigned to the plaintiff by the drawees, respectively, and that they had been presented to the treasurer for payment, and payment refused.

A demurrer to the complaint was…