If in assumpsit on a bill of exchange by indorsee against acceptor, with a count upon an account stated, the defendant plead to the firat count that he did not accept, and do not plead at all to the second count, and the award of venire be in the usual form to try ; the Judge at Nisi Prius will try the issue joined, and, if a verdict pass for the plaintiff, a nolle prosequi should be entered as to the count upon an account stated.
Citations:
[1841] EngR 1156, (1841) Car and M 57, (1841) 174 ER 407 (A)
Links:
Litigation Practice
Updated: 18 May 2022; Ref: scu.309334
