Howland

The cause of action herein was based upon the nonpayment of a promissory note executed by the defendants in favor of the Pacific-Southwest Trust and Savings Bank, which bank was the alleged predecessor in interest of the plaintiff. In addition to the usual allegations in actions of this character—that is, of execution, delivery and nonpayment of the note—the complaint contained the allegation that at the time of execution and delivery of the said note, the predecessor in interest of the plaintiff was a corporation which “by proceedings duly and regularly had and taken has been consolidated with plaintiff under the charter and corporate title of plaintiff. That said consolidation was approved by the Comptroller of the Currency and became effective at the close of business September 1, 1927. That by virtue of said consolidation plaintiff became and now is the holder of said promissory note.”

Based solely on the allegation that the defendants “had no information or belief” of the alleged consolidation of the two banks, mentioned in the complaint, as well as of plaintiff’s alleged ownership of said note, the answer of defendants was limited to a denial of those facts.

On motion…