Barnard v. Whiting
Massachusetts Supreme Judicial Court
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.
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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…
1Opinion of the Court
By the Court.
The last count is clearly bad. A general count of indebitatus assumpsit, for money had and received, must be for cash ; but here it is for bank bills. Judgment cannot be rendered on this count.
Whitman and J. Richardson for the defendants. Williams and Bigelow for the plaintiff.
But the judge, who sat at the trial, has certified to us that all the counts in the declaration were, in fact, for one and the same cause of action. He might have directed a verdict upon such count as the evidence applied to. And, although he did not do this, the plaintiff may yet amend his verdict, by…
2Cited by20 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Patten v. GurneyMassachusetts Supreme Judicial Court · 1821
- Sullivan v. HolkerMassachusetts Supreme Judicial Court · 1819
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
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