Weeber v Landsberg N.O. [1912] ZATPD 111 (26 September 1912)

Practice.--Cause of Action.-Acknowledgment of debt,
Cession of Promissory Note.-Legal Holder.

A document in the form of a promissory note was
described as an acknowledgment of debt in a summons,
to which it was attached and which alleged
that the plaintiff sued by virtue of a cession of such
akcnowledgment of debt: -Held, that the action
being based on the cession, the plaintiff could not at
the trial succeed on the ground of being a holder in
due course of a promissory note without alleging this
in his summons.