Legal Opinion

Caines v. Brisban

Court for the Trial of Impeachments and Correction of Errors

Decided March 15, 1815PublishedCited by 7 opinions

IN ERROR, from, the court. These were actions of assumpsit, in both of which the pleadings were similar, and which were argued together in this court, The declarations, in both cases, wére for goods sold and deli- . , , , . , vered; to which the defendant below pleaded, ’ . 1. Non assumpsit. r .nil 2. That the goods, in the declaration mentioned to have been sold to the plaintiff, if any were so sold and delivered, were certain law books, and other printed works and…

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IN ERROR, from, the court. These were actions of assumpsit, in both of which the pleadings were similar, and which were argued together in this court, The declarations, in both cases, wére for goods sold and deli- . , , , . , vered; to which the defendant below pleaded, ’ . 1. Non assumpsit. r .nil 2. That the goods, in the declaration mentioned to have been sold to the plaintiff, if any were so sold and delivered, were certain law books, and other printed works and publications, and that before, and at the timé of, the selling and delivery thereof, if any were so sold and delivered, and…

1Opinion of the Court

Cantine, Senator.

The plaintiff in efroi claims to have the-*21judgment of the supreme, court, in this cause, reversed, on the ground, that both his special pleas, in bar, are good,. and well pleaded.; and that the replication of the defendants in error, to the first special plea, is bad ; because , it traverses what is merely matter of inducement; that it tenders an immaterial issue; and is argumentative.

The supreme court determined that both pleas were bad, and on that determination their judgment is founded; on the. sufficiency, or insufficiency, of the replication they gave no direct opinion.…

2Cases cited3 opinions

  1. Andrews v. BeeckerNew York Supreme Court · 1800
  2. Johnson v. BloodgoodNew York Supreme Court · 1799
  3. Wardell v. EdenNew York Supreme Court · 1800

3Cited by7 opinions

  1. Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
  2. Williams v. CraryNew York Supreme Court · 1826
  3. Rothschild v. BrusckeIllinois Supreme Court · 1890
  4. Wheeler v. RaymondNew York Supreme Court · 1825
  5. Winslow Bros. v. StatonSupreme Court of North Carolina · 1909

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