Mercer v. Sayre
New York Supreme Court
moved that the defendant deliver to the plaintiff’s attorney, the particulars in writing of the matters mentioned in the notice of set-off accompanying his plea. This was an action of assumpsit, to which the defendant pleaded non assumpsit and payment, and gave notice that he intended to set off, at the trial, several large sums of money due to him for goods sold and delivered, work and labour, money had and received, paid, laid out, Skc. in general terms.
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moved that the defendant deliver to the plaintiff’s attorney, the particulars in writing of the matters mentioned in the notice of set-off accompanying his plea. This was an action of assumpsit, to which the defendant pleaded non assumpsit and payment, and gave notice that he intended to set off, at the trial, several large sums of money due to him for goods sold and delivered, work and labour, money had and received, paid, laid out, Skc. in general terms. To show the English practice on this subject, he cited Tidd, (2d Ed.) 508—511. objected, that this was an attempt to introduce a new point…
1Per curiam
We have formerly decided, that the defendant had a right to call on the plaintiff for the particulars of his demand, where they are not disclosed in his declaration. Equal justice seems to require that the plaintiff also, should be allowed to demand of the defendant, the particulars of his set-off when they are not specified in the notice. The plaintiff may take his rule, that the defendant deliver to the plaintiff’s attorney, an account in writing of the particulars of his set-off* within twenty days, or that in default thereof, he be precluded from giving evidence at the trial in support of…
2Cited by1 opinion
- Brewster v. SackettNew York Supreme Court · 1823