Harbison v. Bank of Indiana

— The appellee brought suit against the appellant, the drawer of a bill of exchange. A demurrer to the complaint was overruled. Issues were formed, and a trial resulted in a finding for the appellee. The alleged defect in the complaint is, that it does not aver the time of presentment. The only allegation in regard to the presentation for payment is in these words: “ That said bill was duly presented for payment at the place where payable, and payment thereof refused.” The form given in the code, in an action upon a note payable in bank, against the indorsers, is in these words: “Yet C. D.…