Randles v. Randles

Decided May 15, 1872

Indiana Supreme Court · decided 1872-05-15

<p>Pleading.—Compaint.—A complaint which, purporting to be upon a promissory note, alleges a promise by defendant, on a day in blank, to pay blank dollars and blank cents, and with which no note or copy thereof is filed, is insufficient.</p>

Cited by 2 later decisions — most recently April 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-05-15

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Downey, J.

¶1The only question made in this case is as to the sufficiency of the complaint. It is as follows-:

¶2"The State of Indiana, Tippecanoe County, ss. In the Common Pleas Court.- To the November term, 1869.

W. D. Lee and P. H. Lee, for appellant.W. C. Wilson, for appellee.

¶3“ Peter Randles, plaintiff, complains of Benjamin Randles, defendant, and says that the defendant, on the-day of -, by his note, a copy of which is filed herewith,' promised to pay Peter Randles - dollars and - cents, which remains unpaid; and the plaintiff claims judgment for five hundred dollars. Other relief.

¶4“W. C. Wilson, Attorney for Plaintiff.”

¶5Neither the note nor a copy of it was filed with the complaint.

¶6We think the complaint was insufficient.

¶7The judgment is reversed, with costs, and the cause remanded.