Bartoshesky v. Houston Trading Corp.

Rodney, J.,

delivering the opinion of the Court:

At the very outset of this discussion we note that every objection of the Defendant Below, Plaintiff in Error, is founded upon the language of the trade acceptance, a copy of which is attached to the statement of claim. In Shaw v. Newton, 5 Boyce (28 Del.) 19, 90 A. 465, it was said that in a suit on a note the fact of filing a copy of the note with the declaration does not make the note or copy *315a part of the declaration, but that its sole purpose under the statute, Revised Code of 1935, § 4649, was to dispense with the necessity of proof of…