Johnson v. Davis

Opinion op the Court by

Granting appeal and reversing.

Plaintiff sued on an alleged promissory note for $375.00. The petition contained the usual declaration upon a promissory note, except it did not allege any promise upon the part of defendant to pay.

The court overruled a demurrer to the petition and gave judgment for the amount claimed. This was error; the allegation of the execution and delivery of the note without an averment of a promise to pay was a mere con *497 elusion of law. It follows that no cause of action was stated. Huffaker v. National Bank of Monticello, 12 Bush 291; Davis v. Moxley, 19 Rep. 160; Bank of Anderson County v. Foster, 146 Ky. 179.

Wherefore, an appeal is granted, the judgment is reversed and cause remanded for proceedings consistent with this opinion.