Johnston v. Isley

BROWN, Justice.

Action of assumpsit for money had and received. The complaint consist" of the common count, and the record recites, after showing ruling on demurrer, “Whereupon, the defendant pleads the general issue with leave to give in evidence any matter that would be a good defense if specially pleaded. Thereupon, issue is joined upon the complaint and the said plea of the general issue.”

We construe these recitals to warrant the admission of evidence that tended to support any valid special defense to the action, not required to be presented by sworn plea. Green et al. v. Marlin et al.,…