Battey v. Button
New York Supreme Court
THIS was an action of assumpsit. The first count of the declaration stated, that one Henry Osborn had been sued, and arrested by virtue of a warrant issued by one Henry Delord, a justice of the peace of the county of Clinton, at the suit of the defendant; in which suit the defendant claimed the sum of eight dollars, whereupon the plaintiff, as the agent of Osborn, and the defendant, agreed to submit the matter in controversy to the decision of Henry Delord and Henry Grun;…
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THIS was an action of assumpsit. The first count of the declaration stated, that one Henry Osborn had been sued, and arrested by virtue of a warrant issued by one Henry Delord, a justice of the peace of the county of Clinton, at the suit of the defendant; in which suit the defendant claimed the sum of eight dollars, whereupon the plaintiff, as the agent of Osborn, and the defendant, agreed to submit the matter in controversy to the decision of Henry Delord and Henry Grun; and, in case they could not agree, after due examination and consultation in the premises, that then they should choose a…
1Per curiam
This cáse comes .before the court on a special
demurrer to the firstdoü-nt in the declaration. It is Unnecessary» however, to notice the special Causes of demurrer, for the count is bad in substance. If .the arbitration nóte, .which the plaintiff had .paid to the defendant, was void, payment of it should have -been resisted, if the defence was, admissible,, and, if not, the declaration,; in this case, should show Why if whs not.. It was* therefore, a material averment, that the note .toas transferred, be-: fore it fell due, so as to show that the defence could not have beén, then set 'up,…
2Cited by10 opinions
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Woodrow v. O'ConnerSupreme Court of Vermont · 1856
- Stiringer v. ToyWest Virginia Supreme Court · 1889
- Cannon v. CastlemanIndiana Supreme Court · 1904
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