Jaudon v. Fidelity Bank & Trust Co.

In an action to recover damages for the non-payment of a check drawn on it, the declaration in one count alleges “that the said Fidelity & Trust Company upon the presentation of said check accepted the same,” while the other count alleged- a promise to pay checks drawn as alleged, and the other allegations are not repugnant to and do not neutralize the stated allegations.

The hill of particulars if properly made a part of the declaration does not negative the allegations of the declaration.

A demurrer to the declaration was sustained, and plaintiffs refusing to further plead, a final judgment…