Cummins v. Morris

The complaint was stated in two causes of action, alleging liability of the defendant to the plaintiff on two separate promissory notes. A verdict was returned and judgment entered thereon for defendant, and plaintiff appeals.

Sufficiency of the evidence to sustain the verdict is not questioned. The only contention presented is that the trial court erred in overruling plaintiff’s motion for judgment on the pleadings.

The following from plaintiff’s brief is the entire argument for reversal as to the first cause of action;

“Payment must be specially pleaded, and it cannot be shown under a general…