Peets v. Bratt
New York Supreme Court
This was a demurrer to the complaint. The complaint alledged, that on a certain day, and at a certain place named therein, the defendant, “ by his promissory note in writing for value received, promised to pay” to the plaintiff “ or bearer, the sum of eight hundred and thirty-nine dollars with interest, and he has not paid the same, but is justly indebted to the plaintiff therefor; wherefore the plaintiff demands judgment,” &c.
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This was a demurrer to the complaint. The complaint alledged, that on a certain day, and at a certain place named therein, the defendant, “ by his promissory note in writing for value received, promised to pay” to the plaintiff “ or bearer, the sum of eight hundred and thirty-nine dollars with interest, and he has not paid the same, but is justly indebted to the plaintiff therefor; wherefore the plaintiff demands judgment,” &c. The causes specified in the demurrer were, “ that the complaint does not state that the note in said complaint mentioned, was ever delivered to the plaintiff, or any…
1Opinion of the CourtHand, J.
In Churchill v. Gardner, (7 T. R. 596,) the declaration alledged that one Bavin made the bill of exchange, directed to the defendant, requesting him to pay the plaintiff or order, and that the defendant accepted it. There was a demurrer, because it was not stated that Bavin delivered the bill to the plaintiff. But the court said the delivery was included in the allegation that B. made the bill. That if B. did not intend to put it in circulation when he made it, that was matter of defense under the general issue. (And see Smith v. McClure, 5 East, 476.) The new forms of pleading adopted by the…
2Cases cited3 opinions
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Chamberlain v. HoppsSupreme Court of Vermont · 1836
3Cited by8 opinions
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
- Chamberlain v. TinerSupreme Court of Minnesota · 1884
- Cordier v. ThompsonNew York Court of Common Pleas · 1878
- Ginsbubg v. Von SeggernAppellate Division of the Supreme Court of the State of New York · 1901
- Odell v. ClydeNew York Supreme Court · 1898
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