Barnard v. Whiting

Where a general verdict had been found at a previous term, upon a declaration containing several counts, one of which was bad, the plaintiff was permitted to amend the verdict [by the minutes of the judge] so as to take it upon such counts only as were sufficient; all the counts being for the same cause oi action.

This was an action of the case in assumpsit. The declaration contained five several counts. A trial was had before Parker, J., upon the general issue pleaded to all the counts, and a general verdict upon all the counts found for the plaintiff. The defendants moved in arrest of judgment, because the last count was bad, and the verdict being found upon all the counts, judgment ought not to be rendered upon it. The count, to which the objection was made, was as follows, viz “ for that the said. W. and F., at, &c., on, &c., being indebted to the plaintiff in the sum of 2172 dollars in bills of the Penobscot bank, of the value of 2172 dollars, before that time had and received by them, the said W. and F., to the use of the plaintiff, in consideration thereof, then and there promised the plaintiff to [ * 359 ] pay and satisfy * the same to him when they should be thereunto required ; yet, though requested,” &c.