Doane v. Dunlap

1 Tapp. Rep. 145

Opinion

President.

The objection to this declaration is, that it does not aver that the note was delivered to the payee. The cases cited shew that such averment is unnecessary. In cases of this kind, the plaintiff is never put to prove how he came into possession of the note: why then should he be held to aver it ? Judgment for the plaintiff.