Haven v. Shaw

23 N.J.L. 309

Opinion

By the Court.

Every material traversable fact must be alleged in the declaration with convenient certainty of time and place. The rule applies though the precise day be immaterial. No time is specified when the promise set out in the fourth count was made. “ The day and year aforesaid ” may refer, and is equally applicable to either of several days previously mentioned in the declaration.

Judgment for the demurrant, with leave to the plaintiff.to amend.