Fuller Co. v. Morrison and Tr.

The declaration contains only the common counts in assumpsit. A specification was attached to the writ giving notice that on trial plaintiffs would seek to recover on a certain promissory note described as follows:

“$300. Bellows Falls, Vt. 8/31 .1931. 30 days after date I promise to pay to the order of F. W. Fuller & Co. Three Hundred Dollars at the National Bank of Bellows Falls” etc.

Signed “Frank Morrison.”

The defendant demurred to the declaration, the demurrer was overruled, and he expected. He then elected to stand on his demurrer. Thereupon, plaintiffs moved for a judgment, and judgment…