McLaughlin v. Turner

U.S. District Court

Decided December 15, 1807

U.S. District Court · decided 1807-12-15

The first count of the declaration stated' that the defendant [Samuel Turner] was indebted to the plaintiff [McLaughlin’s administrator] “for sundry matters properly chargeable in account, as by an account thereunto annexed.” The second count -was for hoard and lodging, and other necessaries for twelve months.

Decided 1807-12-15

¶1But

THE COURT

¶2(nem. con.) said, if the count is bad, he might have demurred, or might move in arrest of judgment But if the count is good, there can be no question but that the evidence offered will support it.

¶3Mr. Morsell contended also, that the plaintiff could not give in evidence any charge for articles delivered before the 4th of May, 1805, the day laid in the declaration.

¶4But THE COURT (nem. con.) said the day was immaterial, so that the articles were de-liveredand payablebefore the action brought.