Hicok v. Coates
New York Supreme Court
Demurrer to pleadings. The declaration is in trespass de bonis asportatis. The goods charged to be taken are 100 sides of sole leather, 100 sides of upper leather, 100 calf 7 rEr 7 skins, Sic.
Read the full summary
Demurrer to pleadings. The declaration is in trespass de bonis asportatis. The goods charged to be taken are 100 sides of sole leather, 100 sides of upper leather, 100 calf 7 rEr 7 skins, Sic. The defendant pleaded, 1. Noncul; 2. Licence of the plaintiff; 3. A justification as to 12 sides of sole leathcr, parcel of 100 sides in the declaration mentioned, the defendant averring that by virtue of an execution on a judgment in favor of A. Blanchard against C. Woodruff, he, as a deputy of the sheriff of Cortland, levied on 50 sides of sole leather, 12 of which, by the connivance and procurement…
1Opinion of the Court
• By the Court, Savage, Ch. J.
The plaintiff insists that the defendant’s third plea is bad, being an answer only to a part of the declaration ; and that even if the replication is defective, still, the defendant having committed the first fault in pleading, the plaintiff is entitled to judgment. The plea is certainly bad for the cause mentioned. The declaration
*421claims a large number of sides of sole and upper leather and skins. The plea justifies the taking of only twelve sides of sole leather. Mr. Chitty says, (1 Chitty’s Pl. 509,) that such a plea is not demurrable, and that the plaintiff…
2Cited by16 opinions
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Loder v. PhelpsNew York Supreme Court · 1834
- Sage v. . WoodinNew York Court of Appeals · 1876
- Rickards v. CunninghamNebraska Supreme Court · 1880
- Etheridge v. OsbornNew York Supreme Court · 1834
11 more not listed; retrieve them via the Exa API.