Bean v. Camden Lumber & Fuel Co.

An action of assumpsit. The plaintiff’s declaration contains two counts, one in the usual form on a promissory note, the other a common count for money lent followed by a specification that the loan declared on in the second count is the same consideration for which the note described in the first count was given.

At the return term the defendant filed a general demurrer to the second count, which was overruled. The case comes up on defendant’s exception to this ruling.

Defendant’s counsel in substance contends in support of his exception that the plaintiff is confined by his specifications…