It cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed.
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A bill was sustained in the following terms:
“Pay to me, or order, the sum of; and this, with my receipt, shall be a sufficient discharge of all I can ask or claim of you preceding this date;”
though it was pleaded, That the bill was null, as containing a general discharge, incongruous to the nature and form of a bill; in respect it was answered, That if the bill was the result of a count and reckoning, there could be no harm in expressing the cause of granting; and, once fixing this point, the very retiring of the bill is a general discharge of course. The rule is that it cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed. See. General Discharges, &c.
Fol. Dic. v. 1. p. 95.Act. H. Murray-Kynnynmound.Alt. H. Home.
