Williams v. Allen

Curia, per Woodworth, J.

The paintiff declared on a promissory note, and added the general counts. Plea, the general issue, and notice. A few days before the trial, the plaintiff’s attorney wrote-to the defendant’s attorney, and among other, things, the letter contained the following: “ You wrote me for a bill of particulars. We claim,only for the note set forth in our declaration. We do not claim anything, at present, for packet-boat stock.” At the trial, the plaintiff gave-in evidence the note declared on. _ ■ defense was usury; to establish which, the defendant gave in-evidence an account…