Bright v. Kenefick

Hr. Justice Waterman

delivered the opinion oe the Court.

Upon the trial the court refused to hold the following propositions of law tendered by the plaintiff:

“ Fifth. The court holds the law of this case to be that the plaintiff is not required to elect as to whether he will base his action upon the judgment offered in evidence in this case or the bill of exchange offered in evidence in this case, but he may declare upon and offer in evidence both of said supposed causes of action, and if entitled to recover upon either of them, judgment should be rendered in his favor upon such cause of action.