Willis v. Chipp
New York Supreme Court
Motion for judgment on account of the frivolousness of the defendant’s answer.' The complaint was for an assault and battery, alleged to have been committed by the defendant. The defendant, in his answer, states that the assaulting, &e., “has been fully settled and arranged between the plaintiff and defendant, and full satisfaction acknowledged by the plaintiff to the defendant.”
1Opinion of the Court
Harris, Justice.
At common law a defendant could not,
under the general issue, give evidence of payment or satisfaction of the plaintiff’s demand after the return day of the writ. Such a defence, to be available, must be pleaded specially. Boyd agt. Weeks, (2 Denio, 321.) But, under the Code, no such distinction obtains. The defendant may, after suit brought, settle the cause of action, and then, in his answer, set up such settlement by way of defence. Any facts existing at the time the defendant answers, and which show that the plaintiff ought not to have a judgment against the defendant, may…
2Cases cited1 opinion
- Boyd v. WeeksNew York Supreme Court · 1845
3Cited by6 opinions
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- Carpenter v. BellThe Superior Court of New York City · 1863
- Reimer v. DoergeNew York Marine Court · 1881
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Himberg v. RogersAppellate Terms of the Supreme Court of New York · 1903
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