Burke v. Gotlieb

Motion by defendant to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

This is an action on a promissory note. Plaintiff alleges that on or about March 12, 1953, for value received, defendant made and delivered to plaintiff a promissory note; that plaintiff is and always has been the owner and holder of the note; and that *894payment of the note is past due and no part has been paid although duly demanded. A copy of the note is annexed to and made part of the complaint. It appears on the face of the note that payment by the defendant was to be made ‘ ‘…