McCrummen v. Campbell

1. The complaint in the present case contains a special count on a promissory note, describing it, and adding the words, “The plaintiff avers that the defendant waived his right to the benefit of exemptions, and such waiver is plainly inserted in the face of said note.” The complaint contains two other counts, in form common counts, which contain no averment of waiver of exemptions. The first of the common counts claims “ one hundred and forty-three dollars due by account.” This count contains no averment of consideration, and it is questionable if it is sufficient. The second common count is…