Phelps & Ladd v. Sowles
New York Supreme Court
Demurrer to plea. The declaration in this cause contained five counts : 1. For divers goods, wares and merchandizes. and thirteen kegs of tobacco, sold and delivered to the defendant; 2. A quantum valebant on same articles; 3. An insimul computassent; 4.- A count for money had and received, money paid, laid out and expended, and money lent and advanced"; and 5. A count for work, labor and services and materials found.
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Demurrer to plea. The declaration in this cause contained five counts : 1. For divers goods, wares and merchandizes. and thirteen kegs of tobacco, sold and delivered to the defendant; 2. A quantum valebant on same articles; 3. An insimul computassent; 4.- A count for money had and received, money paid, laid out and expended, and money lent and advanced"; and 5. A count for work, labor and services and materials found. The day laid in the declaration was the 1st January, 1814, and the declaration contained a suggestion that for more than nineteen years previous to the commencement of thé suit…
1Opinion of the Court
By the Court,
Co wen, J.
The principle of the demurrer is, that the Vermont non-intercourse act of 1812 was void for want of state jurisdiction over the subject matter, inasmuch as that belonged exclusively to congress under the *549provisions of the constitution of the United States. The contrary was decided by the supreme court of the state of Vermont, in 1817, in an action of trespass de bonis, &c.; viz. that the proceedings under the act were proper as evidence to the jury, to justify the taking. Edwards v. Adams, Brayt. R. 46. When the question shall be properly raised in this cause, we must,…
2Cases cited3 opinions
- Loder v. PhelpsNew York Supreme Court · 1834
- Hicok v. CoatesNew York Supreme Court · 1829
- Slocum & Hogan v. DespardNew York Supreme Court · 1832
3Cited by1 opinion
- Deshler v. HodgesSupreme Court of Alabama · 1842