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Johnson v. Davis

Court of Appeals of Kentucky
Apr 21, 1925
271 S.W. 551 (Ky. Ct. App. 1925)

Opinion

Decided April 21, 1925.

Appeal from Bell Circuit Court.

JAMES GILBERT for appellant.

E.N. INGRAM for appellee.


Granting appeal and reversing.

Plaintiff sued on in 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 conclusion 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; Bark 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.


Summaries of

Johnson v. Davis

Court of Appeals of Kentucky
Apr 21, 1925
271 S.W. 551 (Ky. Ct. App. 1925)
Case details for

Johnson v. Davis

Case Details

Full title:Johnson v. Davis

Court:Court of Appeals of Kentucky

Date published: Apr 21, 1925

Citations

271 S.W. 551 (Ky. Ct. App. 1925)
271 S.W. 551

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