Root v. Taylor
New York Supreme Court
THIS was an action of assumpsit, tried at the Montgomery Circuit, in November, 1831, before Mr. Justice Platt. The declaration contained counts for goods sold and delivered, the common money counts, and on an account stated. The defendant pleaded the general issue, with notice of special matter to be given in evidence at the trial. The plaintiff proved a debt, due from the defendant to the intestate, amounting, with interest, to 437 dollars and 31 cents.
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THIS was an action of assumpsit, tried at the Montgomery Circuit, in November, 1831, before Mr. Justice Platt. The declaration contained counts for goods sold and delivered, the common money counts, and on an account stated. The defendant pleaded the general issue, with notice of special matter to be given in evidence at the trial. The plaintiff proved a debt, due from the defendant to the intestate, amounting, with interest, to 437 dollars and 31 cents. The defendant, under the notice subjoined to the plea, offered, by way of set-off, a promissory note, dated April 3, 1818, signed by the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
The statute, (1 N. R. L. 515. sess. 36. c. 56.) provides, that if two or more persons, dealing together, he indebted to each other, or have demands, arising on contract or credits, against each other, and one of them, or his or her executors or administrators, sue any one or more of the others, his or their executors or administrators, in any Court, &c., if the defendant cannot gainsay the deed or assumption, upon which the suit is brought, it shall be lawful for such defendant to plead the general issue, and give notice in writing, with the…
2Cases cited1 opinion
- Dale v. CookeNew York Court of Chancery · 1819
3Cited by9 opinions
- Dayhuff v. Dayhuff's AdministratorIndiana Supreme Court · 1866
- Union National Bank of Oshkosh v. HicksWisconsin Supreme Court · 1886
- Convery v. LangdonIndiana Supreme Court · 1879
- Gross v. GrossAppellate Terms of the Supreme Court of New York · 1899
- Merritt v. SeamanNew York Court of Appeals · 1852
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