Ressequie v. Brownson
New York Supreme Court
Error to the Fulton common pleas. Ressequie, the plaintiff in error, sued Brownson, the defendant in error, in assumpsit, before a justice of the peace. The summons was returnable on the 16th of March, 1847. On the return day of the summons the parties appeared, and the plaintiff declared for goods, &c. sold, &c. The defendant pleaded the general issue and gave notice of a set-off. The cause was adjourned to the 24th day of March, 1847, by agreement of the parties.
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Error to the Fulton common pleas. Ressequie, the plaintiff in error, sued Brownson, the defendant in error, in assumpsit, before a justice of the peace. The summons was returnable on the 16th of March, 1847. On the return day of the summons the parties appeared, and the plaintiff declared for goods, &c. sold, &c. The defendant pleaded the general issue and gave notice of a set-off. The cause was adjourned to the 24th day of March, 1847, by agreement of the parties. On the 24th day of March the parties appeared, and the defendant then tendered to the court a plea, which stated that the…
1Opinion of the Court
By the Court, Paige, J.
The plea of the defendant, put in on the adjourned day, setting up an agreement between him and the plaintiff to submit all matters in dispute and causes of action between them to arbitration, must be regarded as a plea puis darrein continuance. (1 Chit. Pl. 658.) It set up a matter of defence which arose after issue had been joined in the cause. A plea puis darrein continuance may be received in a justice’s court. ( West v. Stanley, 1 Hill, 70.) The plea in this case was not very formal. But strict formality and technical precision are not required in the pleadings in…
2Cases cited7 opinions
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- Larkin v. RobbinsNew York Supreme Court · 1829
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- Town v. WilcoxNew York Supreme Court · 1834
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