Johnson v. Davis

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

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: April 21, 1925
• Status: Published

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.