Packard v. Hill
New York Supreme Court
This was an action of assumpsit to recover monies paid, &c. for the defendants. The declaration contained four counts : the three first counts were special, to which the defendant demurred; the fourth was the common count for money paid, laid out and expended, to which the defendant pleaded the general issue.
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This was an action of assumpsit to recover monies paid, &c. for the defendants. The declaration contained four counts : the three first counts were special, to which the defendant demurred; the fourth was the common count for money paid, laid out and expended, to which the defendant pleaded the general issue. The plaintiffs, before disposing of the issues of law, proceeded to trial on a venire tarn quam, at the New-York circuit, in April, 1825, when the plaintiff was nonsuited on the fourth count. Contingent damages, however, were assessed on the three first counts. Several exceptions were…
1Opinion of the Court
By the Court, Savage, Ch. J.
All the points now raised, except that growing out of the offer to prove the laws regulating the court of consulado of Havana, in the manner stated in the bill of exceptions, were considered and decided when this cause was heretofore before us, (7 Cowen, 434,) and we adhere to the decision then made. The evidence offered to prove the laws regulating the court of consulado, by a print*413ed book purchased in Havana, purporting to contain the royal charter establishing that court, ivas properly rejected by the judge. It is by virtue of a statute of this state, that our…
2Cited by13 opinions
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- Lincoln v. BattelleNew York Supreme Court · 1831
- Chanoine v. FowlerNew York Supreme Court · 1829
- De Groot v. Van DuzerNew York Supreme Court · 1837
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