Belden v. Davies
The Superior Court of New York City
Assumpsit, to recover of the defendants the balance of an account. The declaration contained the common counts for goods sold and delivered, money lent, money had and received, &c., together with the usual count upon an account stated.
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Assumpsit, to recover of the defendants the balance of an account. The declaration contained the common counts for goods sold and delivered, money lent, money had and received, &c., together with the usual count upon an account stated. The defendants pleaded, 1. The general issue. 2. Payment. 3. A release under the hands and seals of the plaintiffs, bearing date the 21st day of April, 1827, whereby the defendants were released and discharged from all claims and demands of the plaintiffs, and from all causes of action, in the fullest and most ample manner. The plaintiffs answered the second…
1Opinion of the CourtOakley, J.
On the trial of this cause, one David Davies was introduced as a witness, by the defendants. The plaintiils, with a view to rebut his evidence, offered a bill in chancery, filed by him, which contained allegations contradictory to his testimony on the present occasion. The witness stated, that the bill had been filed by his counsel, and that he believed his counsel had stated to him what he intended to insert in it, but that he, (the witness,) had never read it. The bill was'not signed or sworn to by the witness, but was admitted in evidence, although objected to by the defendants.
The general…
2Cited by11 opinions
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Page v. TrufantMassachusetts Supreme Judicial Court · 1806
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Coleman v. BeanNew York Court of Common Pleas · 1861
- Stephenson v. Supreme Council A. L. H.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
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