Averill v. . Patterson

This case comes before the court on appeal from a judgment of the supreme court on a demurrer to the plaintiffs' reply.

The complaint is upon a promissory note. The answer sets up a former suit upon the same cause of action, pending at the time of the commencement of this action. The plaintiff alleges in his reply, that the former suit was discontinued by a notice in writing to that effect served upon the defendant before the answer in this cause was verified or served upon the attorney of the plaintiffs.

To this reply the defendant demurs and states the following causes of demurrer: 1. The…