32 Wis. 243 | Wis. | 1873
The objection taken to the complaint by the defendant F. L. Fralcer is, that it fails to state a cause of action. The action is by the plaintiffs against him (and other parties) as an endorser of a promissory note. The complaint alleges the making of the note by the defendant Sullivan payable to the defendant F. L. Fralcer or order, and the delivery of the same, and the several endorsements of the note — the last being to the Commercial Bank of Oshkosh ; but no endorsement by the bank to the plaintiffs is averred. It is now said that the plaintiffs show no title, because there is no endorsement alleged by the bank to them. But the complaint further alleges that the note has not been paid; “ that the plaintiffs are now the lawful oioners and holders of said note; and that the defendants are justly indebted to them thereon ” for the amount stated.
We think the demurrer was properly overruled, and the order of the circuit court thereupon must be affirmed.
By the Court.— Order affirmed.