1791-01-15 (static/transcriptions/1791/01/183.jpg)
22)
First Term 1791.
Com: L:
Peter Merlo
Heath v. Dauntley
Cro. Ja: 544 – 2 promises alleged, & plea Non assumpsit, held good because the Plea may well relate to both promises.
So here if the plea had been generally Not Guilty but
Cro Eliz 537 – }
Grimston v Reyner} safer way even in such case of 2 proms to have Damages assessed severally; bec: if they are so assessed, Plf in case the action lies as to one of the proms will be entitled to Jt as to that, although it do not as to the other.
In Mortimer v. Freeman
1 Browlow 70, it is that wre two contracts are alleged, if there be a general verdict for Plf it is the safer way to have Damages assessed as to each contr: severally; for if entire Damages are assessed, & the action do not lie as to one of the contracts, Jt man be arrested.
[These cases are taken from Sayer’s Law of Damages