¶1The objection of variance between the declaration and the proof, which is the only one argued, is not supported by the case stated in the bill of exceptions. The practice act provides that “ all written instruments, except policies of insurance, shall be declared on by setting out a copy or such part as is relied on, or the legal effect thereof, with proper averments tc describe the cause of action.” Gen. Sts. c. 129, § 2, cl. 9. The declaration in this ease sets out a copy of the note made by the *45defendant, and the legal effect of its indorsement to the plaintiff. The note and indorsement offered in evidence corresponded with the declaration. Exceptions overruled.
103 Mass. 44
Clary v. Thomas
Massachusetts Supreme Judicial Court
Decided October 15, 1869
Massachusetts Supreme Judicial Court · decided 1869-10-15
Contract. The declaration alleged that “ the defendants made a promissory note, a copy whereof is hereto annexed, payable to one Betsey S. Besse, or order, and the same was duly indorsed and transferred to the plaintiff.” At the trial in the superior court, the plaintiff offered in evidence a note precisely corresponding with the copy annexed to the declaration, save that it bore an indorsement by Besse, and on its face a revenue stamp, and a memorandum of protest hnd…
Cited by 1 later decisions — most recently January 1890
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1869-10-15
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