Kimball & Kiniston v. Huntington
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs declared on a promissory note for $325, bearing date 20th October, 1821; the declaration containing also the money counts. The defendant pleaded non assumpsit and non assumpsit infra sex amos, and the plaintiffs replied a new promise within six years before the exhibiting of the bill, &e.
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This was an action of assumpsit, tried at the Rensselaer circuit in 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs declared on a promissory note for $325, bearing date 20th October, 1821; the declaration containing also the money counts. The defendant pleaded non assumpsit and non assumpsit infra sex amos, and the plaintiffs replied a new promise within six years before the exhibiting of the bill, &e. After issue thus joined, the defendant, in the February term of this court in 1828, put in a plea of puis darrein continuance, that on the 18th February, 1828,…
1Opinion of the Court
My the Court,
Nelson, J.
The plea puis darrein continue anee waived all previous pleas, and on the record the cause of action was admitted to the same extent as if no other defence had been urged than that contained in this plea. By operation of law the previous pleas are stricken from the record, and every thing is confessed except the matter contested by the plea puis. 6 Bacon’s Abr. 479. Cro. Eliz. 49. 1 Ld. Raym. 693. Bull. N. P. 309. 1 Salk. 178. 2 Wend. 300.
The only quest ms to be litigated upon the record were, 1. Whether Kiniston had assigned his interest in the note to his co-plaintiff…
2Cases cited1 opinion
- Rayner & Hope v. DyettNew York Supreme Court · 1829
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- Hegeman v. . MoonNew York Court of Appeals · 1892
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
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