New York Supreme Court, 1815

Coan v. Whitmore

Coan v. Whitmore
New York Supreme Court · Decided October 15, 1815
12 Johns. 353
Coan v. Whitmore

Opinion of the Court

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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