Topping v. Clay

In an action upon a promissory nóte alleged to have been executed by defendant, payable to the order of a third party, the only allegation of the complaint as to plaintiff’s title was that he “is now the owner and holder of said note.” We are of opinion that the complaint was demurrable; that, having shown the ownership of the note in a third party, he should have alleged an indorsement or assignment of it to himself by the payee.

We have frequently held that, where a party does not attempt to set up the source of his title to chattel or real property, a general' allegation of ownership is…