Pusey v. Pyle

9 Del. 98

• Court: Superior Court of Delaware
• Decided: July 5, 1869
• Status: Published

Opinion

By the Court.

The words of the statute are general and broad enough to cover this ease, and the copy of the note filed ifas sufficient to apprise the defendants of the note on which they were sued, and which it is alleged in the narr was niade to Wm. Pyle, and was afterward indorsed by him, and if they intended to require proof of his indorsement at the trial, they should have denied it by their affidavit filed when they entered their pleas. And not having done so, it must be taken to be admitted. Besides, the copy of the note filed with the affidavit of the plaintiff, is sufficient to take it to the jury without any proof as to the making of the note, or of the signatures of the makers of it under the strictest construction of the words of the statute, and that of itself puts if in evidence before them. The objection is, therefore, overruled and the note is admitted in evidence.