Bank of Huntington v. Hysell

Citations

• 22 W. Va. 142
• 1883 W. Va. LEXIS 46

Syllabus

<p>1. In an action of debt on a negotiable note'the plaintiff must allege in his declaration, that he is the payee or endorsee or holder of the note. If he fails to make such allegation, though he alleges the. drawing of the note and its endorsement by the payee in blank, the declaration is fatally defective on general demurrer, (p. 344.)</p> <p>2. In an action on a negotiable note against an endorser the declaration must allege, that the note was duly presented for payment at the place, where it was payable, at the time, when it became due and payable, and that it was not paid, and that thereupon the said note was then duly protested for non-payment, of all of which the endorser had prompt notice. A declaration, which simply states, “that the note was presented at the close of banking hours to the cashier of the bank, where it was payable, for payment, which was refused,' and thereupon it was duly protested for non-payment, notice whereof was given said endorser,” is fatally defective on general demurrer, as it does not state when the note was presented for payment or where it was presented, (p. 145.)</p> <p>3. A promissory note for money payable at an unincorporated bank in this State is not a negotiable note ; and the maker and endorser of such a note can not be sued jointly, (p. 146.)</p>