¶1refused the motion.
¶2*87The cause was then tried on the issue joined, and the Court instructed the jury that the acceptance did not destroy the debt due for the rent, and that it was no bar unless it had been paid.
1 D.C. 86
District of Columbia District Court
Decided April 15, 1802
District of Columbia District Court · decided 1802-04-15
Replevin. Cognizance, as bailiff, for rent arrear. Plea, “ no rent arrear,” and issue. moved for leave to withdraw the plea of “ no rent arrear,” and file a new plea setting forth that Patten had drawn an order on the plaintiff, for three quarters’ rent, which the plaintiff had accepted to pay; and that., as to the fourth quarter’s rent, he tendered it before the distress was made.
Decided 1802-04-15