Kneedler v. Sternbergh
New York Supreme Court
The first count of the complaint was on a note alleged to have been given on the 20th of July, 1848, by the defendant, by which, for value received of one J. C. Offerman, the defendant promised to pay, 3 mos. after date, to his own order, $100; and states that defendant, at the same time and place, transferred it tó J. C. O., and J. C. 0. on the same day transferred it to the plaintiff, who is now the owner, and that it had ■not been paid, but had been protested for…
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The first count of the complaint was on a note alleged to have been given on the 20th of July, 1848, by the defendant, by which, for value received of one J. C. Offerman, the defendant promised to pay, 3 mos. after date, to his own order, $100; and states that defendant, at the same time and place, transferred it tó J. C. O., and J. C. 0. on the same day transferred it to the plaintiff, who is now the owner, and that it had ■not been paid, but had been protested for nonpayment, &c. The second count alleged, that on the 20th day of July, 1848, the defendant made his other promissory note, by…
1Opinion of the Court
Hand, Justice.
Defences and counter claims must refer to the causes of action which they are intended to answer, in such manner that they may be intelligibly distinguished. (Code, § 150.) The complaint contains two counts, each upon a note; and neither of the answers distinguishes the counts or note to which it is intended to apply; but refers to the “ note mentioned in the complaint.” The first, it is true, denies the defendant ever endorsed or transferred the note mentioned in the complaint to the plaintiff: and probably this defence was intended to apply to the note alleged in the complaint…
2Cases cited7 opinions
- Burton v. StewartNew York Supreme Court · 1829
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Wheaton v. BakerNew York Supreme Court · 1853
- Arthur v. BrooksNew York Supreme Court · 1853
- Matteawan Co. v. BentleyNew York Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Curran v. CurranIndiana Supreme Court · 1872
- Merritt v. GouleyNew York Supreme Court · 1890
- United States v. OrdwayUnited States Circuit Court · 1887