Averment of Notice Law and Legal Definition

A pleading stating that a particular person has been properly notified about some fact. Things that are necessary to give a plaintiff a right of action must be stated in the declaration and a notice unavoidable to such a right should be averred. An averment of notice in a declaration is indispensable in a suit on a promissory note.

“The omission of an averment of notice, when necessary, will be fatal on demurrer, or judgment by default. This defect may be avoided by a verdict, except against the drawer of a bill. The averment of a notice after the lapse of so long a period, unaccompanied by an excuse for the delay, does not show the diligence which the law requires.” Lewis v. Brewster, 15 F. Cas. 471, 473 (C.C.D. Mich. 1839)