Prindle v. . Caruthers

The defendant demurs to the complaint for not stating the necessary facts to constitute a cause of action. The first ground of demurrer alleged is, that no consideration is stated, to uphold the promise. But the instrument declared on purports to be for value received, and being set out in the complaint it is sufficient allegation of consideration. Such was held to be the rule of pleading under the old forms. (Jerome v. Whitney, 7John., 321; Walrad Bowman v. Petrie Gould, 4 Wend., 575.) The third ground of demurrer is, that no delivery of the obligation is alleged. This objection is answered…