Gilbert v. Cram

Morris, Justice.

The complaint is in assumpsit for goods sold and delivered on the 12th of October, 1854, and avers, u That thereupon the defendant is now indebted to the plaintiffs in, and the plaintiffs demand judgment against the defendant for $523.05, with interest thereon from October 12th, 1854.”

The answer of the defendant admits the purchase of the goods, &c., and avers they were purchased upon a credit of six months, and that the credit had not expired.

This allegation in the answer is not “ A statement of new matter constituting a defence,” but is merely a special denial of the…