Eichelberger v. Old National Bank

The appellant argues that the appellee’s complaint is bad, for the reason that it docs not set out a copy of the endorsement to the appellee of the promissory notes sued on.

The argument proceeds upon an assumption- that can not be maintained. It is not true, as assumed, that a plaintiff who sues the maker of a promissory note is bound to set out a copy of the endorsement to him. This is necessary where the action is against the endorser upon the endorsement, but it is not necessary where the action is against the maker.

It is essential that the plaintiff in an action upon a promissory note…