Harris v. the Munro Co.

Action upon Notes—Pleading—Count upon Note not Due—Cause of Action not Stated.—In an action upon two notes, in distinct counts of the complaint, only one of which is past due, a separate count upon a note not due states no cause of action.

Id.—Improper Judgment by Default for Both Notes—Reversal— Dismissal of Action as to Note not Due.—It appearing that the immature note sued upon was not due when the judgment was entered, an improper judgment by default for the amount of both notes must be reversed, with directions to the court to enter judgment solely for the amount of the note past due, and to dismiss the action as to the note not due, without prejudice to a new action thereon.