Clark v. Moses

The suit is assumpsit by the appellee against the appellant. The complaint claims the principal and interest of a promissorj1, note made by the defendant, payable to John Gill Shorter and Alpheus Baker, executors of the last will and testament of Milton A. Browder, deceased, or bearer, twelve months after the date thereof; “ which said note is now the property of plaintiff,” &c. To this complaint it was objected by demurrer, that the plaintiff’s ownership of the note was not sufficiently averred by a statement of facts showing that the title thereto of Browder’s estate had passed to him. The…