Bemis v. McKenzie

Citations

• 13 Fla. 553

Syllabus

<p>1. Under the rules, a plea of non-assumpsit is not a proper plea to a declaration upon a promissory note, but when the declaration contains other counts to which the plea of non-assumpsit is applicable, it is improper to strike out the plea as a nullity, unless a nolle prosequi be entered as to the other counts. The rule that the plea of non-assumpsit shall not he interposed, relates to suits upon bills of exchange'and promissory notes, where they are the only causes of action upon which the plaintiff declares.</p> <p>3. A promissory note indorsed after due, is transferred subject to the same conditions as to demand of payment and notice of dishonor as though it were endorsed before due. The indorsement is a conditional contract to pay in the event of a demand, or due diligence to make a demand, on the maker and his default.'</p> <p>3. The law of another State upon a subject matter in litigation is considered to be the same as the law of this State, until shown hy due allegation and proof to be otherwise.</p>