Brisban v. Caines
New York Supreme Court
THIS was an action of assumpsit for goods sold and delivered. The defendant pleaded, 1. Non assumpsit; 2. That the goods mentioned in the plaintiffs’ declaration were law books, and that Isaac Riley, at the time, Sec. carried on the trade and business ^ of a bookseller, by the plaintiffs, under the firm, See. but in truth, for the account and profit of Riley, and that while Riley so carried on the trade, he, by the plaintiffs, under the firm, Sec. sold and delivered the…
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THIS was an action of assumpsit for goods sold and delivered. The defendant pleaded, 1. Non assumpsit; 2. That the goods mentioned in the plaintiffs’ declaration were law books, and that Isaac Riley, at the time, Sec. carried on the trade and business ^ of a bookseller, by the plaintiffs, under the firm, See. but in truth, for the account and profit of Riley, and that while Riley so carried on the trade, he, by the plaintiffs, under the firm, Sec. sold and delivered the books to the defendant, &c.¡ And that Riley,. before the commencement of the suit, being indebted to Thomas Fairchild, by…
1Per curiam
It will be- unnecessary to attend to the replica» , tion, for there is one objection fatal to the special plea, and that is, that the defendant does not aver that the debt against Riley, which he pleads as a set-off, was contracted prior to the assignment to Fairchild. He only says that, “.at the time of the filing of the bill in' this suit, and long before,” Riley was indebted to ' him; now non constat, but that Riley’s debt was contracted long after the assignment, and if it was, then the demand so assigned ought not to be affected by it. Fairchild took from Riley the debt of the defendant,…
2Cited by1 opinion
- Harrisburg Trust Co. v. ShufeldtCourt of Appeals for the Ninth Circuit · 1898