Jarski v. Jones

Bkonson, Ch. J.

(dissenting). Under the statute and decisions of this court the rule of liberal, not strict, construction applies to pleadings. Comp. Laws 1913, § 1458; First Nat. Bank v. Messner, 25 N. D. 263, 141 N. W. 999. Applying this liberal rule of construction, I am of the opinion that the complaint, setting forth the note in full, alleging the execution of the same by the defendants and their indebtedness to plaintiff by reason thereof, is sufficient to admit proof either that defendants signed the same as individuals or are individually liable. See 8 C. J. 876; Albany Furniture Co.…