Johnson v. Davis, (1925)
Court: Court of Appeals of Kentucky (pre-1976)
Number:
Visitors: 7
Judges: OPINION OF THE COURT BY JUDGE McCANDLESS
Attorneys: JAMES GILBERT for appellant.
E.N. INGRAM for appellee.
Filed: Apr. 21, 1925
Latest Update: Mar. 02, 2020
Summary: Granting appeal and reversing. Plaintiff sued on in alleged promissory note for $375.00. The petition contained the usual declaration upon a promissory note, except it did not allege any promise upon the part of defendant to pay. The court overruled a demurrer to the petition and gave judgment for the amount claimed. This was error; the allegation of the execution and delivery of the note without an averment of a promise to pay was a mere conclusion *Page 497 of law. It follows that no cause of
Summary: Granting appeal and reversing. Plaintiff sued on in alleged promissory note for $375.00. The petition contained the usual declaration upon a promissory note, except it did not allege any promise upon the part of defendant to pay. The court overruled a demurrer to the petition and gave judgment for the amount claimed. This was error; the allegation of the execution and delivery of the note without an averment of a promise to pay was a mere conclusion *Page 497 of law. It follows that no cause of a..
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Granting appeal and reversing.
Plaintiff sued on in alleged promissory note for $375.00. The petition contained the usual declaration upon a promissory note, except it did not allege any promise upon the part of defendant to pay.
The court overruled a demurrer to the petition and gave judgment for the amount claimed. This was error; the allegation of the execution and delivery of the note without an averment of a promise to pay was a mere conclusion
of law. It follows that no cause of action was stated. Huffaker v. National Bank of Monticello, 12 Bush 291; Davis v. Moxley, 19 Rep. 160; Bark of Anderson County v. Foster, 146 Ky. 179.
Wherefore, an appeal is granted, the judgment is reversed and cause remanded for proceedings consistent with this opinion.
Source: CourtListener
