Executors of Rorer v. Rorer

The opinion of the court was delivered by

Parker, J.

An action in assumpsit was brought in the Monmouth Pleas, by the executors of Elizabeth Rorer, de*51ceased, against William H. Rorer, to recover the amount claimed to he due on two promissory notes, and also on an account.

The defendant pleaded the general issue and gave notice of set-off, but did not attach bill of particulars of his account. Uor did the plaintiffs before trial demand of him a bill of particulars.

During the trial the counsel of the defendant, in examining his witness, made use of a paper containing a long itemized account of the…