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![handle is hein.slavery/ssactsengr0980 and id is 1 raw text is: 2 SALKELD, 664.
4. ROE versus GATEHOUSE.
(Mich. 8 Will. 3, B. R. 1 Ld. Raym. 145, S. C.]
Incertainty in count cured by verdict. Vide 1 Lutw. 899. 1 Saund. 154, 155.
2 Saund. 171. 2 Vent. 141, 142, 196. Carth. 379, S. C. 1 Lutw. 234. 6 Mod.
227, 268, &c. Faresl. 143, S. C. 5 Mod. 305. 3 Lev. 55. 1 Sid. 309. 1 Saund.
6, 7. Comb. 404. 1 Salk. 26. Str. 793. 2 Ld. Raym. 1526.
Assumpsit, quod cur the defendant was indebted to him in 51. for money lent, and
promised to pay ; cumq; etiam at the request of the defendant the plaintiff found
horse-meat for J. S. super se assumpsit; and says not that the defendant super sc
assumpsit. A verdict being for the plaintiff and entire damages, and a writ of error
brought in B. R., relying upon 3 Cro. 913, and Noy 50, forJ. S. might as well be the
person promising as the deiendant; and the promise is the gist of the action ; and
an incertainty in that cannot be cured by intendment after verdict. Sedper Cur. It,
being said positively at first, that the defendant saper se assunipsit, and then cumq;
etiam, &c., the same nominative shall go to all the promises; and by reason of the
word eliam, it cannot be intended of a promise by J. S., for he had not promised
before. Judgment affirmed. Vide Sid. 292, 306. Lutw. 125. 3 Co. 703.
5. PRINCE versUs MOLT.
[Pasch. 9 Will. 3, B. R. 1 Ld. Raym. 248, S. C.]
Judgment arrested because more damages recovered than ought. Vide 1 Saund. 154,
155. 2 Saund. 171. 1 Vent. 10. Carth. 386, S. C. called Prince versus Moultin.
2 Mod. 154. Comb. 442, 443, S. C. Cases B. R. 131. Holt 192. Vide Doug. 696.
In case the plaintiff declared, quod cur quer. 3 Julii possessionat. fuisset de quodam
clauso prati preedict. defend. 3 A ugusti erexit novurn molendinum & aquam eurrentem fecit
inundare per quod inundavil clausum suum predict. per quod tolum usum & proficuum inde
eodem secundo die Julii usque tempus exhibitionis bilke prcedict amisit: verdict pro quer.,
and entire damages; but judgment was arrested ; for an erection on the 3d day of
August, might make him lose a particular gain or profit from the 2d day of July, as
if he had laid in the meadow for hay. But by an erection on the 3d day of August
he could never lose totam usun & proficuum from the 2d day of July: therefore he
has recovered more damages than be ought, and this case is not to be distinguished
from Moor 887. Hob. 189.
[664) 6. EAST versus ESLINGTON. MICH. 1 ANN. B. R. VIDE THIS CASE, TITLE
BILLS OF EXCHANGE, VOL. 1, PAG. 130, PL. 14.
i. CROWTHER versus OLDFIELD.
[Hill. 4 Ann. B. R. Vide unis case, title Jeofails, vol. 1, pag. 364, pl. 5.
2 Ld. Raym. 1225, S. C.]
Where a verdict will aid a title defectively set forth, but not defective in iuseii.
8. H1,-rLEY IM-r~U.7 Is .S
[Mich. 9 Ann. B. R.]
Iii debt on single bill and nil debelt pleaded, the jury find nil debet to part and debef
to the rest, well after verdict. Vide 1 Mod. 292. 1 Show. 539. 3 Lev. 55.
2 Sauind. 255, 308. 2 Wils. 10.
)ebt on a bill penal for 3001. The defendant pleaded nil debelt, and the plaintiff
took issue thereon, and the jury found nil dbel for 2001., and delt as to 1001. Mr.
VERDICTS](ViewImageLocal?handle=hein.slavery/ssactsengr0980&div=1&collection=&method=preview&ext=.png&size=3)