
    Gamster v. Shannon.
    Where evidence, was offered under a .special count, but rejected by the-Court, and" afterwards received under a general county, this Court will not reverse the,judg.. nient of the Circuit Court for that cause alone.
    IN ERROR .from Ste. Genevieve Circuit Court.,
   Tompkins, J.,

delivered the opinion of the Court.

Canister filed his declaration in assumpsit against Shannon. It consisted of three--, counts. Tile two first counts are special, and the;third is a general count of mcfeMte". tus assumpsit. The-defendant filed the plea of noñ-assumpsit, with a notice of set»., off; the jury found that the defendant did .not undertake and promise, &c., and that the plaintiff was indebted to the defendant-in the sum of $248 60, for which sum, judgment was given by the Circuit Court..

To support his declaration, the plaintiff in. the. Circuit Court (who is also, plaintiff iil error) produced a deed to Shannon for certain tracts of land ;.'.the consideration for the conveyance of said land, is in said deed stated to> be, that Shannon had secured: to be paid to- the plaintiff, the- sum of fifteen hundredidollars;... the Circuit Court re-. fused to receive this deed in evidence under-ithe two.apecial counts, but permitted it to be read in support of the third count:

In the opinion of this Court, the plaintiff has lost nothing by-.the refusal of the' Circuit Court to permit the deed' to be given in evidence under the first two counts,, for no evidence of any other promise to -pay money was offered, than what was re---(9&) cited in the consideration of the deed above mentioned; even then, .were thes; evidence improperly rejected, the Court is not disposed to disturb the judgment of tha Circuit Court, inasmuch as the plaintiff has had the full benefit of his evidence-

The judgment of the Circuit. Court is affirmed,. 
      
      Wash, J., appears not to-have been.present during, this term,.
     