McIntire v. Wiegand
City of New York Municipal Court
Action. by Thomas Mclntire against William Wiegand and Herman Wiegand, on an undertaking on arrest, executed by the defendants in an action heretofore commenced in this court, wherein one Sophia Wilkins was plaintiff, and the plaintiff herein was defendant, to recover damages for an alleged breach of promise to marry and seduction, and resulted in a verdict for the defendant, (plaintiff herein.) The defendants in this action were the plaintiff’s sureties in said action.
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Action. by Thomas Mclntire against William Wiegand and Herman Wiegand, on an undertaking on arrest, executed by the defendants in an action heretofore commenced in this court, wherein one Sophia Wilkins was plaintiff, and the plaintiff herein was defendant, to recover damages for an alleged breach of promise to marry and seduction, and resulted in a verdict for the defendant, (plaintiff herein.) The defendants in this action were the plaintiff’s sureties in said action. Defendant Wiegand alone appears. The first, fourth, and fifth paragraphs of the answer referred to in the opinion are as…
1Per curiam
The first and fourth paragraphs of the answer, interpreted together, must be taken as an admission that the defendants executed the undertaking sued upon, with the qualification that Wiegand was induced to sign it through the fraud of Pauline Wilkins, the plaintiff in the action therein referred to. These paragraphs can be construed in no other way. While inconsistent defenses are allowed to be pleaded, courts have never gone to the extent of holding that a defendant may plead—First, that he never executed the instrument sued upon; second, that he did execute it, but by means of fraud. No one…
2Cases cited4 opinions
- George v. BischoffIllinois Supreme Court · 1873
- Wayman v. TaylorCourt of Appeals of Kentucky · 1833
- Harrison v. . WilkinNew York Court of Appeals · 1877
- Onderdonk v. . VoorhisNew York Court of Appeals · 1867
3Cited by1 opinion
- Cubita v. Westchester Furniture ExchangeMount Vernon City Court · 1976