16 Del. 295
Decided November 15, 1896
Superior Court of Delaware · decided 1896-11-15
This was an action of assumpsit to recover the sum of $2000.00 for work and labor performed. Narr with the common counts. The plea of payment filed was at the request of the plaintiff’s counsel drawn out and alleged that “ before the commencement of this suit; to wit on the-day of-A. D. 18— at” etc., “she, the said Mary Mulvena, administratrix of John Mulvena, deceased, well and faithfully paid to the said plaintiff the said sum of money,” etc.
Decided 1896-11-15
¶1The plea alleges that the plaintiff paid the sum of money. This eliminates the question as to what the payment consisted of and leaves only the question as to the allegation of time.
¶2While the time is often left blank, there is no doubt that the plaintiff is entitled, if he so demands, to have the time set forth *in the plea; and as to whether the defendant will be confined in his proof to the date alleged is a matter that may arise hereafter, but is not before us now.