Clauss

— The plaintiffs, George Clauss and Joseph Ban, sue upon a promissory note, payable on demand, to “G. Clauss & Co. ’ ’; and a copy of the note is set out in the complaint. The answer contains only a denial that the defendant was ever requested or had ever refused to pay the note, or that payment had ever been demanded. The court rendered *691 judgment for the plaintiffs on the pleadings, and the defendant appeals on the judgment-roll alone. Only two questions are discussed by counsel, viz.: 1st, whether it was incumbent on the plaintiffs to aver and. prove a demand of payment before suit brought; 2d, whether the complaint contains a sufficient, or any, averment that the plaintiffs compose the firm of “G. Clauss & Co.” It is conceded by counsel that it is established by the weight of. authority that, in an action on a promissory note payable on demand, no prior demand need be averred or proved. This proposition is now too firmly settled by a long line of authorities to be open to controversy. The first point made by the defendant is therefore not tenable. The complaint does not contain an express averment that the plaintiffs compose the firm of “G. Clauss & Co.”; but it alleges…