¶1The 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 *189of 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.
1 Kirby 188
Bulkley v. Elderkin
Decided November 15, 1786
Connecticut Superior Court · decided 1786-11-15
The declaration set forth, a promissory note, dated the 17th. day of October, A. D. 1782, in these words: — “For value received, we, Bela Elderkin and Hezekiah Bissell, promise, to pay Francis Bulkley, within thirty days from the date hereof, the amount of his bill, for repairing, sheathing, caulking, and fitting for sea, the sloop- Sally, upon the application of John Stanniford and Bela Elderkin, by producing the security of said Stanniford and Elderkin, and delivering the…
Decided 1786-11-15