Bedell v. Powell
New York Supreme Court
This was an action for a breach of promise of marriage. The defendant put in an answer setting up several matters of defense, and among the rest the pendency of a former suit commenced by the plaintiff against the defendant, for the same cause of action. The plaintiff replied that prior to the commencement of the present suit, the former action was discontinued ; of which the defendant had notice.
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This was an action for a breach of promise of marriage. The defendant put in an answer setting up several matters of defense, and among the rest the pendency of a former suit commenced by the plaintiff against the defendant, for the same cause of action. The plaintiff replied that prior to the commencement of the present suit, the former action was discontinued ; of which the defendant had notice. The cause was tried at the Grreene circuit in June, 1849. The jury found a verdict for the plaintiff, for $750. The proceedings at the trial are set forth in the opinion of the court. The defendant,…
1Opinion of the CourtWright, J.
One branch of the defense interposed by the answer in this case was the pendency of a former action. The reply denied that an action was pending for the same cause at the commencement of the suit, and alledged that prior thereto such action was discontinued,' of which the defendant had notice; thus raising an issue of fact. After the jury had been empanneled, the judge, at the suggestion of the counsel for the plaintiff, and against the objection of the defendant’s counsel, decided to first try this issue, thus, as the defendant complains, compelling him to enter upon a part of his defense…
2Cases cited4 opinions
- M'Kenster v. Van ZandtNew York Supreme Court · 1828
- Staring v. BowenNew York Supreme Court · 1849
- Strang v. WhiteheadNew York Supreme Court · 1834
- Leonard v. SlaughterNew York Supreme Court · 1813
3Cited by10 opinions
- Averill v. . PattersonNew York Court of Appeals · 1853
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Neil v. . ThornNew York Court of Appeals · 1882
- Godbe v. YoungUtah Supreme Court · 1876
- Wormer v. CanovanNew York Supreme Court · 1872
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