Utica Insurance v. Scott
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The plaintiffs in error brought an action in the supreme court against the defendant in error, as the indorser of a promissory note for $800, dated June 26,1818, made by. James M’bTamee, payable to F. Stranahan, or .order, sixty days after date, at the office of the "Utica Insurance' Company, and indorsed by Stranahan to the defendant, who indorsed the same to the plaintiffs.
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On error from the supreme court. The plaintiffs in error brought an action in the supreme court against the defendant in error, as the indorser of a promissory note for $800, dated June 26,1818, made by. James M’bTamee, payable to F. Stranahan, or .order, sixty days after date, at the office of the "Utica Insurance' Company, and indorsed by Stranahan to the defendant, who indorsed the same to the plaintiffs. The defendant pleaded that the plaintiff ought not to have or maintain their action, &c. because, on the 1st of .7 *September, 1816, the plaintiffs, unauthorized by law, and contrary to…
1Opinion of the Court
Spencer, Senator.
The defendant demurred generally to the plaintiff’s replication, and also assigned special causes of demurrer. In such a case the rule is rigid, that judgment must be given against the party whose pleading was first defective in substance. To apply this rule, we begin with an examination of the declaration, which has not been objected to, and is believed to be good. The next pleading is the plea of the defendant, which has been objected to as defective in substance on several grounds. It *714a^e§es ^at the plaintiffs, unauthorized by law, did sub* scr^e *t° and become members of…
2Cited by6 opinions
- N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879
- People ex rel. Attorney General v. River Raisin & Lake Erie RailroadMichigan Supreme Court · 1864
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
- Corning v. RooseveltNew York Supreme Court · 1890
- Claggett v. SimesSuperior Court of New Hampshire · 1855
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