Brazill v. Isham
New York Court of Common Pleas
This case came up on the defendants’ appeal from a judgment against them entered upon a referee’s report, and upon exceptions to his ruling in refusing to nonsuit the plaintiff. The facts are given in the opinion.
1Opinion of the CourtBy the Court. Woodruff, J.
The referee in this action refused to nonsuit the plaintiff, upon the ground (as stated in the case) that the award of an arbitrator, which the defendants claimed to be a bar to the action, was void.
Whether the ground of the referee’s refusal was correct ©r not, I am of opinion that his decision was right.
Under our former system of pleading in assumpsit, it was competent for a defendant to plead the general issue, (non assumpsit,) and give in evidence under this plea numerous defences which do, in truth, go in avoidance of the facts alleged in the declaration, and not in denial. Among these…
2Cases cited4 opinions
- Martin v. WilliamsNew York Supreme Court · 1816
- Robertson v. M'NielNew York Supreme Court · 1834
- Brown v. HankersonNew York Supreme Court · 1824
- People v. Sessions of ChenangoNew York Supreme Court · 1796