Coan v. Whitmore , 12 Johns. 353 ( 1815 )

Per Curiam.

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»