Klemann v. Collins

From an order denying a motion made on the pleadings pursuant to rule 112 of the Rules of Civil Practice to dismiss the complaint upon the ground that upon its face no cause of action was stated, this appeal is taken. The order appealed from should be affirmed. The appeal is by an indorser upon a demand promissory note which, it is alleged, was duly presented for payment, although it is likewise alleged that the note was made March 1,1920, and not presented until December 15, 1925.

The defendant, appellant, urges here, as she did at Special Term, that the complaint shows upon its face that the…