Walmer v. First Acceptance Co.

The complaint is silent as to whether or not the defendant, upon the maturity of the $1,200 note, took the proper and necessary steps by way of presentment and demand on the makers and notice of default to the plaintiff in order to make the plaintiff as indorser liable under the law of negotiable instruments.

Appellant contends that upon its demurrer the presumption should be indulged in that there was such due demand and notice of default because of what is claimed to be the general rule that as to such there must be specific allegations or specific denials in order to make such issuable…