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NUMBER

A collection of units. 2. In pleading, numbers must be stated truly, when alleged in the recital of a record, written instrument, or express contract. But in other cases, it is not in general requisite that they should be truly stated, because they are not required to be strictly proved. If, for example, in an action of trespass the plaintiff proves the wrongful taking away of any part of the goods duly described in his declaration, he is entitled to recover pro tanto. Bac. Ab. Trespass, I 2 Lawes’ PI. 48. 3. And sometimes, when the subject to be described is supposed to comprehend a multiplicity of particulars, a general description is sufficient. A declaration in trover alleging the conversion of a library of books’ without stating their number, titles, or quality, was held ‘to be sufficiently certain; and in an action for the loss of goods, by burning the plaintiff’s house, the articles may be described by the simple denomination of goods or divers goods.

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