Cosmopolitan Bank v. Blumberg

Plaintiff instituted an action to recover $60,000 on

a promissory note made by a third party and indorsed by the defendant. The complaint sets forth a copy of the note but not the indorsement of the defendant. It then pleads that before maturity and the delivery of the note, the defendant for the purpose of giving credit thereto, and of inducing the plaintiff to accept the note for discount, and of being charged thereon as an indorser, indorsed the same. Defendant moves to dismiss the complaint on the ground that these allegeations do not constitute a good pleading. Rule 94 of the Rules of…