Falkner v. Protective Life Ins. Co.

FOSTER, Justice.

This is an action by the payee against an irregular indorser of a promissory note. The question is the sufficiency of the complaint as tested by demurrer.

It is first urged that it is insufficient because it does not state the maturity of the note. But there seems to be a rule of pleading in that respect that, when the complaint does not allege when the note matured, but simply avers that on a certain day one executed a note by which he promised to pay plaintiff a certain sum, it will be construed to mean that no day was fixed for its payment, and therefore it was due on…