Johnson v. Davis

271 S.W. 551, 208 Ky. 496, 1925 Ky. LEXIS 314

Opinion

Opinion op the Court by

Judge McCandless

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 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.