Dibrell v. Ireland & Burges

Opinion by

Willson, J.

§ 300. Suit upon a note; descriptive allegation of. Where the petition alleged that the note was made and delivered to petitioners “for the use and benefit of E. W.,” and the note offered in evidence was, “I promise to pay to E. W. five hundred dollars,” etc., held, that the portion of the petition which stated that the note was made and delivered for the use and benefit of E. W. was not intended as part of the description of the note, but was an averment of a fact clehors the note, and cannot therefore be properly regarded as a descriptive allegation with which the note…