
    Thayer against Rogers.
    Where- the defendant pleaded two pleas of payment to an action on a bond, one before the day and the other at the day, the court, on motion,- ordered the first plea to be struck out.
    The plaintiff declared in debt oil bond, and the defendant among other things, pleaded two pleas of payment, one before the day, the other, payment at the day.
    
      Riggs, for the plaintiff,
    moved to strike out one of those pleas, on the ground that it was competent for the defendant, under the last mentioned plea to give in evidence payment before, as well as at the day.
    
      Harison, for the defendant
    replied that both pleas were consistent, and each depended on a different ground of defence, and were, therefore, properly pleaded..
   Per Curiam.

Every matter of defence that can be admitted under the first plea, may be given in evidence under the second. The first is, therefore, useless, and is ordered to be. struck out. ' ■

Note. The defendant also pleaded four other pleas, some of which the plaintiff also moved to strike out;' but [*153] *the defence appearing to be complicated, and the propriety of the pleas demanding a close examination, the. court did riot think it a -case sufficiently clear to discriminate between them, and interfere in this, peremptory manner.

Rule granted. 
      
      
         Gra. Frac. 2d edit. 244, 245.
     