Myers v. Morse
New York Supreme Court
This was an action of assumpsit. The declaration contained two counts : 1. For money paid, laid out and expended by the plaintiffs, to the use of the defendant. 2. That on the 19th of May^ 1815, the plaintiffs were liable as the endorsers of a certain promissory note drawn by Horace Morse, and made payable to the plaintiffs, at the bank of Utica, and by the plaintiffs endorsed to the bank; that .the plaintiffs were holders, as endorsees, of a certain other promissory note,…
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This was an action of assumpsit. The declaration contained two counts : 1. For money paid, laid out and expended by the plaintiffs, to the use of the defendant. 2. That on the 19th of May^ 1815, the plaintiffs were liable as the endorsers of a certain promissory note drawn by Horace Morse, and made payable to the plaintiffs, at the bank of Utica, and by the plaintiffs endorsed to the bank; that .the plaintiffs were holders, as endorsees, of a certain other promissory note, drawn by Horace Morse, and made payable to the defendant at the bank of Utica, which note the defendant had before the…
1Opinion of the CourtSpencer, J.
The first objection taken to the plea is, that it amounts to the general issue, and is therefore had. It may well he doubted whether the plaintiffs can avail themselves of this objection under a general demurrer. (1 Chitty’s Pl. 498. and the cases there cited.) But upon principle, the plea is well pleaded, if the promise laid in the second count, is not a valid promise, unless it be in writing. The rule is this, in an action of assumpsit, matter which shows that no such contract was made, cannot be pleaded; but matter which admits the contractas laid,,but shows that it was not binding in…
2Cited by6 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- Livingston v. SmithNew York Supreme Court · 1855
- Hotchkiss v. C. J. Ladd & Co.Supreme Court of Vermont · 1864
- Brown v. McKeeCommission of Appeals · 1874
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