Joseph Story

“ There are two classes of cases in which a verdict may be amended by the notes of the judge, or other evidence, so as to avoid the objection to the sufficiency of the declaration of the plaintiff. The first, where there is a general verdict, and the counts are consistent, although some be bad; the second, where the counts are inconsistent, although severally good. In the one case, all that is necessary to be shown to make the rule applicable is, that the evidence applied to the good as well as to the bad counts. ”

“ In reference to this it is said, that the note produced in evidence is endorsed by Grant and McGuffie. But that endorsement is in blank, and transfers no property in the note. Until the blank is filled up, which a holder for value might at any time do, the legal title to the note remained in the payees. The motive of the endorsement too is apparent, having been doubtless made when it was transmitted to Mr. Levy for collection; and the possession of the due-bill payable to bearer, by the plaintiff, was in virtue of his character as administrator. ”

“ Especially in cases of misjoinder of counts, which are incompatible with each other, as well as in cases where there are several counts, some of which are bad and some good, and a general verdict given for the plaintiff, such applications, when made within a reasonable time, are usually granted after error brought and the verdict allowed to be amended so as to be entered upon the good counts, or upon the counts not incompatible with each other. ”

“ I understand the law as being now perfectly settled that a blank endorsement upon a bill of exchange or promissory note payable to A. B. or order transfers the note to the endorsee. See Chitty on Bills, 173. ”

“ Peake, in his Law of Evidence, 342, in the passage cited by the attorney-general, says, 'When an action is brought by an executor or administrator on a cause of action arising in the lifetime of the deceased, and the defendant pleads only the general issue, it is sufficient for the plaintiff to prove the same facts as must have been adduced in evidence by the testator or intestate, had the action been brought by him.' Now, suppose Mr. ”