Rodriguez v. Merriman

Mr. Presiding Justice Brown

delivered the opinion of the court.

If we could pass over the questions of pleading" and practice involved in this cause, there would be no difficulty in it. Upon the merits, as far as the record shows them, there could have been nothing said, if the pleadings had been artificial, as against the right of the plaintiff to a judgment.

The plaintiff was a third indorsee. The first two indorsements were without date. The presumption therefore is that the assignments evidenced by them were made before maturity of the note and on consideration, and without notice of…