45 Minn. 270 | Minn. | 1891
It was first alleged in the complaint in this action that the defendants Meade made, executed, and delivered their certain promissory note, payable to the order of the defendant Cheney, of which a copy was attached, and that thereafter, before maturity and for value received, Cheney indorsed it to one Newell. It was then alleged "that, before maturity and before the indorsement and transfer of said note by the defendant Cheney to said J. K. Newell, the defendant Henry Hutchins, for a valuable consideration,- signed and indorsed said note by writing his name upon the back thereof.” Other allegations as to the transfer of the note by Newell to the plaintiff before it matured, his ownership of the same, its proper presentation for payment when due, a refusal to pay by the makers, its protest according to law, with a notice thereof to all of the parties, follow in order, concluding with a demand for judgment against defendants for the amount of the note, with interest, costs of protest and of suit. To this complaint the defendant Hutchins interposed a' general demurrer. The plaintiff’s appeal is from an order sustaining the demurrer.
From the allegation in the complaint which we have quoted, it explicitly appears that, after its execution and delivery by the makers, before its indorsement by the payee, before its maturity, and for value
Order reversed.