Gibbons v. Purchase, 1 N.C. 158, 1 Mart. 158 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 158, 1 Mart. 158

Gibbons vs. Purchase.

Trin. 2 Car.

DEBT on an obligation, the condition of which was to pay £. 100 on the 31st of September. The defendant pleaded payment at the day whereupon issue was joined, and there was a verdict for the plaintiff. Andrews moved in arrest of judgment, because every issue ought to be such that it may possibly be found either for the plaintiff or the defendant. But here it could not be found for the defendant, there being no such a day, as the 31st of September.

Doderidge, J.

The payment being on an impossible day, shall be presently. 31 E. 4. 36. And where payment is not found at the day, it shall be understood that it was not made on the day on which it was due.

Jones, J.

Here it a good action and a good declaration,

The fault is only in the blue, and this is cured after verdict by the statute. 18 Eliz. 14. p. 326.

Whitlock, J. concurred.

Noy afterwards moved the court in the same manner as Andrews had had done; but they would not arrest the judgment, but said ut supra. 5 E. 4. 32. 5 Rep. Nichol’s case. 3 Cr. 287. Jones 140. Noy 85.