Fintard v. Tackington
New York Supreme Court
IN ERROR, on certiorari, from the justices’ court of the city of Nerv-York. Tadcington brought an action in the court below, against Pintará, and declared for money had and received by the defendant to the use of the plaintiff; and also that the defendant,in May, 1811, being indebted to him, for work and labour, to the amount of 62 dollars, gave his note to the plaintiff for that amount, payable on demand; that the plaintiff put the note in his chest on board of the vessel…
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IN ERROR, on certiorari, from the justices’ court of the city of Nerv-York. Tadcington brought an action in the court below, against Pintará, and declared for money had and received by the defendant to the use of the plaintiff; and also that the defendant,in May, 1811, being indebted to him, for work and labour, to the amount of 62 dollars, gave his note to the plaintiff for that amount, payable on demand; that the plaintiff put the note in his chest on board of the vessel of the defendant, and that the defendant sailed * • out of the port, with the plaintiff’s chest on board, containing his…
1Per curiam
The declaration of the plaintiff below, consisting of a detail of his case, is to be liberally construed, so as, if possible, to meet and embrace the proof. We have never required any technical nicety or form in pleadings, in the justices’ courts, because the pleadings are usually by parol, and managed by the *105parties, without the aid of counsel. The plaintiff, therefore, dedared for money bad and received, and upon a lost note, which he particularly described, and as having been given for work and labour. If, therefore, the testimony will entitle him to recover, either upon the note, by…
2Cited by19 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Linn v. CollinsWest Virginia Supreme Court · 1916
- Rowley v. BallNew York Supreme Court · 1824
- Wallace v. AgryU.S. Circuit Court for the District of Maine · 1827
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