Superior Court of Delaware July 5, 1871 (Dehaven v. Tweed)

The Court.

There was.no judgment asked for or taken at the first term on the copy and affidavit of the notes filed by the plaintiff, and as the demand for money lent, or for money had and received, is not properly chargeable in book accounts, and is not included in the special provision of the statute referred to, it could not, of course, be embraced with the promissory notes stated and set forth