| N.Y. Sup. Ct. | Oct 15, 1815
The defendant, in his special plea, tendered an issue to the country, instead of concluding with a verificatian, as he ought to have done; and he added the similiter himself. This was a mispleading which is cured by the verdict, The defendant cannot take advantage of his own mispleading, to defeat the plaintiff’s suit, when the jury have found a verdict for the plaintiff. (Harvey v. Richards, 1 Hen. Bl. Rep. 644.)
Motion denied»