Cunningham v. Hoff

This is an action upon a note alleged to have been executed on the 1st day of July, 1885, by Graham & Cunningham, for the sum of two hundred dollars, payable one year after date, with interest and attorney’s fees. It was alleged in the complaint that said note had been accidentally destroyed by fire. Defendant Graham made default. Defendant Cunningham appeared and filed a demurrer to the complaint, which was overruled. The only objection urged to the complaint is that the allegation in regard to the loss or destruction of the note is not sufficient; that it should have been averred that the…