Hawley v. Foote
New York Supreme Court
Demurrer to pleas. The plaintiff declared in assumpsit. In his first count he stated that the defendant being indebted to him in the sum of $1000, gave him an order upon one Orris Hall, requesting Hall to let him (the plaintiff) have his ndte for $531,92; that he presented the order to Hall and demanded the note, which Hall refused to give, of which the defendant had notice. The other counts were for goods sold, money lent, &c.
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Demurrer to pleas. The plaintiff declared in assumpsit. In his first count he stated that the defendant being indebted to him in the sum of $1000, gave him an order upon one Orris Hall, requesting Hall to let him (the plaintiff) have his ndte for $531,92; that he presented the order to Hall and demanded the note, which Hall refused to give, of which the defendant had notice. The other counts were for goods sold, money lent, &c. The defendant pleaded, 1. Non-assumpsit; 2. To the whole declaration that the parties accounted together and a balance of $531,92 was found due to the plaintiff; that…
1Opinion of the Court
By the Court,
Bronson, J.
The second and third pleas, so far as they relate to the first count, amount only to the general issue. But they are pleaded to the whole, declaration, and that may obviate the objection.
The pleas are bad in substance. The second plea amounts to this: the parties accounted, and the defendant was found indebted in the sum of $531,92. To pay this sum, he gave the plaintiff an order or request on Hall to give his note to the plaintiff for that amount, which Hall agreed to accept; and that the plaintiff then and there accepted the order in full satisfaction and discharge…
2Cases cited2 opinions
- Booth v. SmithNew York Supreme Court · 1829
- Russell v. LytleNew York Supreme Court · 1831
3Cited by24 opinions
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Hill v. . BeebeNew York Court of Appeals · 1856
- Humphreys v. Third Nat. Bank of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- Bradshaw v. DavisTexas Supreme Court · 1854
- May v. GambleSupreme Court of Florida · 1874
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