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64 Conn. 86

Lord v. Russell

Supreme Court of Connecticut

Decided February 19, 1894

Supreme Court of Connecticut · decided 1894-02-19

Action by the payee of a promissory note against the maker; brought to the City Court of New Haven and tried to the jury before Cable, J.; verdict and judgment for the plaintiff and appeal by the defendant. The first count of the complaint, and the onty one now material, was as follows: “ 1.

Good law ✅— No negative treatment on recordhow we know

No error · Decided 1894-02-19

How this case has been cited

Cited by 6 later decisions — most recently June 1970

6 state decisions

10189419001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Andrews, C. J.

¶1We think there was no error. The note itself being made a part of the complaint showed on its face that it had been executed by the defendant. The form is the same as that used in the Practice Act; form 212. The averment that the note was thfe property of the plaintiff implied a delivery to her. It is a rule of pleading that there need be no direct allegation of a fact which otherwise sufficiently appears; nor of a fact necessarily implied from the other averments. 1 Chitty Pleading, 225. Bliss on Code Pleading, § 176. The delivery, even of a deed, although essential to its validity, need not be averred in pleading. 1 Chitty Pleading, 365. New Conn. Civil Officer, p. 13. Prindle v. Caruthers, 15 N. Y., 425; Keteltas v. Meyers, 19 id., 231; Farmers & M. Bank v. Wadsworth, 24 id., 547. A court ought not to misunderstand or refuse to comprehend the or*88dinary import of the words used, nor the meaning of the facts alleged. Colburn v. Tolles, 18 Conn., 524; Draper v. Moriarty, 45 id., 476.

¶2There is no error in the judgment appealed from.

¶3In this opinion the other judges concurred.

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