18 Mo. 126 | Mo. | 1853
delivered the opinion of the court.
Page & Bacon brought suit on a note which is negotiable under the statute, made by Snow, payable to Scott, alleged in the petition to have been indorsed by Scott to Ivers, and by Ivers to Mills, and by Mills to Harlow, and by Harlow to Wat
T. Tbe eighth section of article four of tbe code permits persons severally liable, including parties to bills of exchange and promissory notes, to be included, all or any of them,, in the same action, at the option of tbe plaintiff. Tbe petition, then, is not bad, because Scott'was not made defendant.
2. Tbe third clause of section one, article six, requires that, if tbe recovery of money be demanded, tbe amount thereof shall be stated, or such facts as will enable the defendant and the court to ascertain tbe amount demanded. Tbe petition prays judgment for the amount of the promissory note, with interest. This is sufficient. Tbe petition states presentment for payment and refusal, and notice of tbe dishonor to the defendants. These facts gave a right of action against each of tbe defendants, and if each bad been sued by himself, a petition would have been sufficient which stated bis liability, and that be bad not paid. Tbe old form was, to state tbe making and indorsement of tbe note, its presentment and dishonor, and notice to the indorser, and then allege, “ By means whereof, the said defendant became liable to pay to the said plaintiff, &c., and being so liable, in consideration thereof, tbe defen - ant undertook and promised,5’ &c., and then state a breach of the promise by failing to pay. But these statements of liability and promise are not necessary. ‘ Tbe pleader may proceed, at once, from the statement of the defendant’s liability to bis
The demurrers of Ivers and Mills ought not to have been sustained, and the judgment is reversed and the cause remanded,