Lat. Not injured. This is a plea in an action of debt on an indemnity bond, or bond conditioned “to keep the plaintiff harmless and indemnified,” etc. It is in the nature of a plea of performance, being used where the defendant means to allege that the plaintiff has been kept harmless and indemnified, according to the tenor of the condition. Steph. PI. (7th Ed.) 300, 301. State Bank v. Chet- wood, 8 N. J. Law, 25. Non dat qui non habet. He who has not does not give. Lofft, 258; Broom, Max. 407. Non debeo mclioris conditionis esse, quam anctor mens a quo jus in me transit. I ought not to be in better condition than he to whose rights I succeed. I>ig. 50, 17 175, L

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