House v. Isaacson
House v. Isaacson
Opinion of the Court
1. As a matter of pleading it is necessary for the plaintiff in an action on a note to allege the nonpayment thereof, although it is not necessary for him to support such allegations by any proof other than that which is necessarily attendant on the introduction of the note in evidence. 8 Am. Jur. 565, Bills and Notes, § 957.
2. The fact of nonpayment will be deemed to be sufficiently pleaded if facts are stated from which the default of the defendant, and the existence of an indebtedness from him to the plaintiff, can fairly be inferred. 10 C. J. S. 1216, Bills and Notes, § 591.
3. Where, in an action on a promissory note, the petition failed
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.