
    Taylor v. Walpole.
    Debt lies by the assignee against the maker of a promissory note.
    The commencement of the declaration may be— Jl. B. complains of C. D. &.C.;1 instead of — Jl. B. assignee ofE. F. complains, &c.
    The statute authorizing the assignment need not be referred to in the declaration.
    APPEAL from the Marion Circuit Court. — This was an action of debt by Taylor against Walpole on a promissory note made by the defendant to Cushing and Jewett, and by them assigned to the plaintiff. The declaration commences, “State of Indiana, Marion county, ss, James Taylor complains oí Luke Walpole of a plea, &c.;” and, after setting out the note and assignment, it states, “By means whereof an action hath accrued to the said James, &?c.n General demurrer to the declaration, and judgment for the defendant.
    It was contended, on the part of the appellee, 1st, that assumpsit was the proper form of action in this case; 2dly, that the declaration should have commenced, ajames Taylor, assignee of Cushing and Jewett, complains, &c.and 3dly, that after sofe 
      isng out the note and assignment, the declaration should have stated, “By means whereof and by force of the statute in such case made and provided, i^c.”
    
      Wick, for the appellant.
    Brown, for the appellee.
   Blackford, J.

Debt lies in this case. Thom v. Savage, July term, 1820. — Raborg v. Peyton, 2 Wheat. 385. This last ease was debt by an indorsee of a bill of exchange against the accept- or, and the action was sustained. There need be no reference to the statute. Wilcox v. Webb, May term, 1823 . The plaintiff need not name himself assignee, as the statute gives him the action in his own name. Stat. 1823, p. 329.

Per Curiam.

The judgment is reversed with costs. Cause remanded, with directions to permit the demurrer to be withdrawn, &c. 
      
       Ante, p. 258.
     