
    Margaret Wells, Plaintiff, v. George W. Simpson, Defendant.
    (Supreme Court, Kings Special Term,
    December, 1899.)
    Bills and notes — Complaint against maker of note need not allege presentment for payment and demand.
    As no presentment for and demand of payment is necessary against the maker of a note, his default, in an action thereon, will not be opened in order to permit him to present, by demurrer, the objection that the complaint does not show that these formalities had been observed.
    Motion by defendant to open bis default to plead, in order that he may serve a demurrer to the complaint. The action is against the defendant as maker of a promissory note payable at a bank. There is no allegation that the note was presented and payment demanded.
    W. H. Gardiner for motion.
    Alexander Campbell opposed.
   Gaynor, J.:

The moving papers disclose, and counsel for the defendant stated on the argument, that the object of opening the • default is to serve a demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action. As in an action against the maker of a note the complaint does not need to state that the note was presented and payment demanded (Hills v. Place, 48 N. Y. 520), such demurrer would-be frivolous.

Motion denied with ten dollars costs.  