Morgan Hill Paving Co. v. Pratt City Sav. Bank

Code forms of complaint on bills and notes make no distinction between negotiable and nonnegotiable paper. They are inclusive, are to be used in suits upon either class of instrument. Code 1923, § 9531, Forms 1, 2, 3 and 4.

No specific form is provided for suit on a promissory note by indorsee against maker. Form 3, indorsee against drawer of a bill of exchange, furnishes a sufficient analogy. The complaint in this cause was not subject to demurrer.

None of these Code forms allege the facts which distinguish negotiable from nonnegotiable instruments. Code, §§ 9029 and 9202. No occasion arises…