Kirkpatrick v. S. W. Rail Road Bank
Kirkpatrick v. S. W. Rail Road Bank
Opinion of the Court
delivered the opinion of the court.
This is an action of debt on simple contract. The defendants pleaded, nil debit, and payment. The verdict of the jury is, that “the defendants have not paid the debt in the decía-
The verdict in this case is, that the defendants have not paid the debt. That may be very true, and it may also be true that they never did owe it. That they have not paid, does not negative the plea that they do not owe. If the verdict had been, “that the defendants owe the debt,” both pleas would have been negatived, for, in common .parlance, they could not owe if they had paid.
The judgment must be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.