Van Hoesen v. Van Alstyne
New York Supreme Court
Error from the Columbia Common pleas. Van Alstyne sued Van Hoesen in a justice’s court, and declared for a horse sold and delivered, and also for the amount of a note of $25, made by Samuel Cooley, junior, to the defendant, - dated the 10th December, 1819, endorsed by the defendant, for a valuable consideration to the plaintiff; the note having been duly presented for payment to the maker, and notice' of non-payment given to the defendant.
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Error from the Columbia Common pleas. Van Alstyne sued Van Hoesen in a justice’s court, and declared for a horse sold and delivered, and also for the amount of a note of $25, made by Samuel Cooley, junior, to the defendant, - dated the 10th December, 1819, endorsed by the defendant, for a valuable consideration to the plaintiff; the note having been duly presented for payment to the maker, and notice' of non-payment given to the defendant. The defendant pleaded the gew ei w neral issue, and also to the first count of the declaration, that at the time of the sale and delivery of the horse, the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Justice seems to have been done in this case, and it is to be regretted that it was not done secundem artem. The thirty eighth section of the act of 1824 directs the common pleas, upon appeal, to render judgment as the very right of the case shall appear, without regard to the previous trial had thereon ; and they are required to construe the pleadings with a view to substantial justice between the parties : but that has been adjudged to mean justice according to law. It is true, that the pleadings in justices’ courts are viewed with great liberality; but the…
2Cited by23 opinions
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Brewster v. ArnoldWisconsin Supreme Court · 1853
- Pattillo v. AlexanderSupreme Court of Georgia · 1895
- Niver v. BestNew York Supreme Court · 1851
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