Kowalsky

The defendant appeals from a judgment against him. The appeal is brought here upon the judgment-roll, which does not contain any bill of exceptions. The court below overruled a general demurrer to the complaint, and the appellant claims that this ruling was erroneous, and that the judgment should be reversed upon the ground that the complaint does not state facts sufficient to constitute a cause of action.

The plaintiff sues as. assignee of one Pendleton, and the complaint alleges, among other matters, that " on the 17th day of April, 1891, the said defendant was indebted to W. H. Pendleton, of Lawrence, Kansas, in the full sum of fifteen hundred and ninety ($1,590) dollars, as and for the purchase price of four hundred cases *43 of eggs theretofore sold by the said Pendleton, to the said defendant, and delivered free on board at Lawrence, Kansas; that on that day, to wit, the 17th day of April, 1891, the said W. H. Pendleton made and executed his certain draft on the said defendant under and by the name of ‘ Kowalsky & Co./ in the words and figures following, to wit:

The objection urged against the complaint is that it does not sufficiently set forth an assignment to plaintiff…