Shaw v. Newton

Citations

• 28 Del. 19
• 5 Boyce 19
• 90 A. 465
• 1914 Del. LEXIS 2

Syllabus

<p>1. Bills and Notes—Actions—Pleading—Place of Payment.</p> <p>Where a note sued on is payable at a particular place, such fact is ■ material, and must be alleged; and hence, where a note payable at a particular place was declared on as payable generally, it was not admissible in evidence.</p> <p>2. Bills and Notes—Actions—Pleading—Place of Payment.</p> <p>The filing of a note with the declaration, by virtue of a statute, the purpose of which was to dispense with proof of execution, did not supply the necessary averment that the note was payable at a particular place; the declaration not so alleging.</p>