Shaw v. Newton

• Decision Date: 06 May 1914
• Citation: 90 A. 465,28 Del. 19
• Court: Delaware Superior Court
• Parties: LARNIE B. SHAW v. WALTER M. NEWTON

90 A. 465

28 Del. 19

LARNIE B. SHAW v. WALTER M. NEWTON

Superior Court of Delaware, Kent County

May 6, 1914

Superior Court, Kent County, April Term, 1914.

ACTION OF ASSUMPSIT (No. 18, April Term, 1913) by Larnie B. Shaw against Walter M. Newton. The narr. contained several counts the first count being on a promissory note for fourteen hundred dollars with interest from February 1, 1913. The other counts were common counts. The usual pleas were filed and notice of recoupment for an amount equal to the plaintiff's claim. The note declared on was offered in evidence at the trial and objection to its admission made by the defendant. Objection sustained. Leave to amend declaration granted and case continued.

The case is stated in the opinion of the court.

James H. Hughes for plaintiff.

Henry Ridgely and George M. Fisher, Jr., for defendant.

PENNEWILL C. J., and BOYCE, J., sitting.

OPINION

PENNEWILL, C. J.

The first count of the declaration is upon a promissory note which is in the following language, viz.:

"$ 1,400.00. Dover, Del., Nov. 1, 1912.

Three months after date I promise to pay to the order of L. B. Shaw at the First National Bank of Dover fourteen hundred....no 100 dollars without defalcation, value received.

"Credit drawer.

[Signed] W. M. Newton."

A copy of said note was filed with the narr., which averred: "For that whereas, the said Walter M. Newton, the defendant, by the name of W. M. Newton heretofore, to wit, on the first day of November in the year of our Lord one thousand nine hundred and twelve, at Dover, Delaware, that is to say, at Kent County in the State of Delaware, made his promissory note in writing bearing date the same day and year, and by said promissory note, he, the said Walter M. Newton, the said defendant, promised for value received to pay three months after date to Larnie B. Shaw, by the name of L. B. Shaw, the plaintiff, or order, the sum of fourteen hundred dollars ($ 1,400.00), and then and there delivered the said promissory note to the said Larnie B. Shaw, by means whereof, and by force of the statute in such case made and provided, the said defendant then and there became liable to pay the said plaintiff the said sum of money in the said promissory note specified," etc.

The note is offered in evidence and its admission objected to on the ground that it is made payable at a particular place and declared on as payable generally. We think it...