Boyd v. Weeks
New York Supreme Court
On error from the supreme court, to review a judgment of that court affirming a judgment recovered by Weeks against Boyd in the court of common pleas of the city and county of New-York, in a suit commenced by declaration in that court. The facts appearing upon the record and bill of exceptions in the common pleas, together with the reasons for the judgment of affirmance, are sufficiently stated in the report of the case in the supreme court, in 5 Hill, 393.
1Opinion of the Court
The Chancellor.
The action in the court below was commenced by the filing and service of a declaration under the statute, for the recovery of the amount due upon a promissory note at the time of the commencement of the suit. The defen*322dant pleaded the general issue only, and the only question is whether he was authorized under that plea to give in evidence, payment of the note pendente lite. Under the general issue, the defendant may give in evidence payment of the debt for which assumpsit is brought, if such payment was made previous to the commencement of the suit, so that the plaintiff at…
2Cases cited1 opinion
- Covell v. WestonNew York Supreme Court · 1823
3Cited by10 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Tallman v. . WhiteNew York Court of Appeals · 1848
- Mercantile Factors Corp. v. Warner Bros. Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- Bolon v. PenningtonCourt of Appeals of Arizona · 1967
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