
    John Dole versus Ansel Weeks.
    A declaration nn a promissory note to A B or bearer, and alleging the plaintiff to be the bearer, is sufficient without stating an express promise to the plaintiff
    The declaration was “ a plea of the case for that at, &c., on, &c., the said Weeks, by his note in writing, of that date, by him subscribed, for value received, promised one J. K. K., to pay Him or bearer seventy-five dollars, payable, on, &.c. And the plaintiff is the bearer of said note; yet, though often requested, the said Weeks has not paid said sum, but refuses to do it; to the damage,” &c.
    To this declaration the defendant demurred generally, and the plaintiff joined in demurrer.
    
      Wilde in support of the demurrer.
    Here is no privity shown between the parties. It ought at least to appear that the plaintiff came lawfully to the possession of the note.  When a negotiable note is transferred, a valuable consideration for the transfer is always alleged, and such allegation is an essential part of the declaration, and is the ground on which the law raises the promise to pay to the endorsee. In declarations upon notes payable to bearer, the practice has been uniform, to allege a promise directly to the plaintiff, and such allegation seems necessary upon common principles. 
    
    
      Stebbins, e contra,
    
    held the declaration good enough ; and he contended that what was not necessary to be proved on trial could not be matter of substance, and no advantage could be taken of the defect of such allegations upon general demurrer. The title of the plaintiff to bring the action as bearer is matter of legal inference Stebbins said he had met with no. form of declaration, in which, after an averment * that the plaintiff was' the [ * 452 ] bearer, an express promise to pay him was alleged.
    
      
       2 Show. 23.
    
    
      
      
        Chitty on Bills, 115, 200, 201. — 1 Esp. Dig. 35.
    
   Per Curiam.

The declaration is certainly not in the usual form, it being common to allege notice, whereby the defendant became liable, and in consideration thereof promised, &c.

On a general demurrer, we must presume the plaintiff to be the lawful bearer of the note. When there is sufficient matter substantially alleged to entitle the plaintiff to his action, the declaration will be good on a general demurrer. On this ground we shall support this declaration ; but we wish practitioners would make it a rule to adhere to established forms in their declarations and pleadings. They would save much trouble to themselves and the Court.

Declaration adjudged good.  