INDEFINITE, NUMBER. A number which may be increased or diminished at
pleasure.
2. When a corporation is composed of an indefinite number of persons,
any number of them consisting of a majority of those present may do any act
unless it be otherwise regulated by the charter or by-laws. See Definite
number.
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. Lawes' PI. 48;
4 T. R. 314; Cro. Car. 262; Dougl. 669; 2 Bl. Rep. 1104. 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; 3 Bulst. 31; Carth. 110; Bac. Ab. Trover, F 1; 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." 1 Keb. 825; Plowd. 85, 118, 123; Cro. Eliz. 837; 1 H. Bl. 284.