Spear & Ripley v. Myers

By the Court, Edmonds, J.

This is a motion to set aside the report of a referee. The action was assumpsit. The declaration contained only the money counts, with a copy of a promissory note annexed, signed by William Baker, and payable to the order of the defendant, and indorsed by him and by one Knapp, and a notice that the note was thé only cause of action, and that that was a bill of particulars of the plaintiff’s claim, The fir?t objection made to, the plaintiffs’ recovery is *446that the note could not properly be given in evidence under this declaration.

This mode of-pleading was doubtless…