Kennedy v. Strong
New York Supreme Court
THIS was an action of tro ver, for four cases and a bale of ho- • t „ , yiery* The declaration was in the usual form. 1 he defendant pleaded, 1. Not guilty, with notice of his discharge under the insolvent act; 2. That the defendant and one Davis were copartiters in trade, and the plaintiff and his deceased partner, Stay ley, 'in his lifetime, &c. as copartners in trade, by a contract in writing, consigned to the said Strong S' Davis, as partners, certain goods, to wit, four…
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THIS was an action of tro ver, for four cases and a bale of ho- • t „ , yiery* The declaration was in the usual form. 1 he defendant pleaded, 1. Not guilty, with notice of his discharge under the insolvent act; 2. That the defendant and one Davis were copartiters in trade, and the plaintiff and his deceased partner, Stay ley, 'in his lifetime, &c. as copartners in trade, by a contract in writing, consigned to the said Strong S' Davis, as partners, certain goods, to wit, four cases and one bale of hosiery, to sell for the account of the plaintiff and his partner; that the goods came to the…
1Per curiam
The special pleas are bad on this special demurrer. The first special plea is double, and contains distinct and independent matter, viz., a sale of the goods by order of the plaintiff, and a discharge under the insolvent act. The plea is bad, on special demurrer, in another respect. It amounts to the general issue, and though the old books contain numerous precedents of special pleas in trover, they are deservedly discountenanced in modern times, as leading to unnecessary expense and troublesome prolixity. The defendant could avail himself, under the general issue, of the matter pleaded; and…
2Cited by2 opinions
- In re AdamsNew York Court of Common Pleas · 1884
- In re AndersonDistrict Court, E.D. Virginia · 1876