19 Minn. 335 | Minn. | 1872
By the Court.
The complaint alleges, that Ann I. Hoag, the owner of the note mentioned therein, “ duly-assigned said promissory note to the said defendant, for the purpose of collecting the same, and accounting for and paying.
A second objection urged by defendant in support of his demurrer is, that the complaint contains no allegation that defendant ever accepted any assignment of the note, or undertook or assumed to collect it, or to act for Ann I. Hoag in any manner in relation to it.
There are two answers, at least, to this objection. First, the assignment imports, as we have already held, a delivery to ■defendant, and there cannot be a delivery without an acceptance. Second, the complaint shows that defendant has proceeded to act upon the assignment and to collect the note, to collect which the assignment was made.
Defendant’s third objection, that there is nothing in the complaint to show that the note has ever been paid, cancelled, satisfied, etc., is also untenable, although the allegations of the complaint in this respect are not above criticism. We think, however, that under the liberal rules governing the construction of pleadings in this state, the complaint substantially avers the payment and satisfaction of the note by the conveyance to defendant.
Defendant’s point that it appears by the complaint that the statute of limitations has barred the cause of action set up, which, (as defendant understands it,) is alleged to have ac
The other points made in defendant’s brief need not be considered at this time.
Order overruling demurrer affirmed.