Bullis v. Giddens & Brown
New York Supreme Court
THIS was an action of debt on a recognisance of bail. . ° The defendant pleaded nil debet, with notice that he should give in evidence at the trial, that the defendants in the original action had fully paid and satisfied to the plaintiff the amount of the judgment, &c. To this plea there was a demurrer and joinder in demurrer.
1Per curiam
This case comes before the court on a demurrer to the plea of nil debet to an action of debt on recognisance of bail, and the only question is, whether such a plea is good.
When the specialty or record is but inducement to the action, and matter of fact is the foundation of it, nil debet is a good plea; as in debt for rent by indenture, or for an escape, or on a devastavit. In these cases the' indenture or judgment is but inducement; and the arrears of rent, the escape and devastavit, are the foundations of the action. But when the action is grounded on a record or specialty, nil debet is no…
2Cases cited1 opinion
- Rush v. CobbettNew York Supreme Court · 1801
3Cited by6 opinions
- Simmons v. . SissonNew York Court of Appeals · 1863
- Dunn v. HillSupreme Judicial Court of Maine · 1874
- Gassner v. SandfordThe Superior Court of New York City · 1849
- Gates v. WheelerNew York Supreme Court · 1842
- Simmons v. SissonNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.