Bulkley v. Elderkin

1 Kirby 188

Opinion

By the whole Court.

The only exception under the demurrer, is, that the plaintiff hath not averred in his declaration, that notice was given to the defendants of the amount of bis demand: But that is not necessary, because tbe note declared upon was for tbe payment, or further security of a debt then due, on a contract to which one of the defendants was a party, and who must have been presumed to have known the amount as well as the plaintiff; especially as the undertaking, on the part of the defendants, was absolute and unconditional, to perform the promise within a certain time; and if they wanted any information from the plaintiff, it was their duty to apply for it, and on his refusal, they might take advantage, by pleading specially.