Legal Opinion

Lightbody v. Potter

New York Supreme Court

Decided July 15, 1833PublishedCited by 5 opinions

Demurrer to replication. The plaintiff declared on a promissory note for $166,79, made by the defendant, who pleaded the general issue.

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Demurrer to replication. The plaintiff declared on a promissory note for $166,79, made by the defendant, who pleaded the general issue. The cause was noticed for trial at a circuit court to be held in April, 1831, when the defendant interposed a plea oí puis darrein continuance, that since the commencement of the suit, (which was on the first day of October, 1830,) and since the last continuance, to wit, on the 23d December, 1830, issue was joined in a cause commenced by the defendant (Potter) against the plaintiff, (Lightbody,) before a-justice of the pea.ee in an action on contract, for a…

1Opinion of the Court

*536 By the Court,

Nelson, J.

It is clear that at the time of the

commencement of this suit, the plaintiff had a good and sub-sls^nS cause of action against the defendant, and unless it has subsequently been extinguished, he is entitled to recover. The set off of the plaintiff’s cause of action in the suit commenced by the defendant before the justice, and the judgment rendered by the justice, operated as an extinguishment whilst such judgment remained unreversed. The judgment of the common pleas, however, on appeal, removed the bar to the recovery in this suit, and revived the demand of the…

2Cases cited1 opinion

  1. Houghton v. StarrCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by5 opinions

  1. Steele v. SellmanCourt of Appeals of Maryland · 1894
  2. Fuller v. ReadThe Superior Court of New York City · 1858
  3. Clark v. ClarkNew York Supreme Court · 1834
  4. Herkimer County Bank v. DevereuxNew York Supreme Court · 1843
  5. Naylor v. SchenckNew York Court of Common Pleas · 1854

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