Coan v. Whitmore

New York Supreme Court

Coan v. Whitmore

12 Johns. 353

New York Supreme Court·Decided October 15, 1815·Published·Cited by 2 cases

Opinion

Per Curiam.

The defendant, in his special plea, tendered an issue to the country, instead of concluding with a verificatian, as he ought to have done; and he added the similiter himself. This was a mispleading which is cured by the verdict, The defendant cannot take advantage of his own mispleading, to defeat the plaintiff’s suit, when the jury have found a verdict for the plaintiff. (Harvey v. Richards, 1 Hen. Bl. Rep. 644.)

Motion denied»

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Per Curiam.

The defendant, in his special plea, tendered an issue to the country, instead of concluding with a verificatian, as he ought to have done; and he added the similiter himself. This was a mispleading which is cured by the verdict, The defendant cannot take advantage of his own mispleading, to defeat the plaintiff’s suit, when the jury have found a verdict for the plaintiff. (Harvey v. Richards, 1 Hen. Bl. Rep. 644.)

Motion denied»

Coan v. Whitmore, 12 Johns. 353 (N.Y. Super. Ct. 1815).

Pincite

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Opinion

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