Slocum & Hogan v. Despard
New York Supreme Court
Demurrer to pleas. The plaintiffs declared in covenant on an article of agreement, bearing date 11th March, 1828, whereby the defendant agreed by the first Monday of May, 1828, to pay two certain notes made by the plaintiffs, to H. Baldwin, bearing date 18th July, 1827; the one payable in 3, and the other in 6 months after date; and also, to pay tQ ^ p]a¡ntifTs, in four months from the date of the agreement, $233, deducting thereout such costs as should, previous to the…
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Demurrer to pleas. The plaintiffs declared in covenant on an article of agreement, bearing date 11th March, 1828, whereby the defendant agreed by the first Monday of May, 1828, to pay two certain notes made by the plaintiffs, to H. Baldwin, bearing date 18th July, 1827; the one payable in 3, and the other in 6 months after date; and also, to pay tQ ^ p]a¡ntifTs, in four months from the date of the agreement, $233, deducting thereout such costs as should, previous to the first Monday of May, have been made on the notes to Baldwin, and the like sums in 9 and 12 months after the date of the…
1Opinion of the Court
By the Court, Sutherland. J.
Both pleas are unquestionably bad. Each of the counts in the declaration assign two breaches: 1. The neglect oí the defendant to pay the Baldwin notes; and 2, His neglect or refusal to pay the first instalment of $233. The second plea takes no notice whatever of the second breach; it is in terms confined to the said supposed breach of covenant in the said plaintiffs’ declarationj^rsi assigned. Mr. Ghitty lays down the rule that if a plea profess to answer only a part of the count, and is in truth but an answer to part, the plaintiff cannot demur, but must take his…
2Cases cited2 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Hicok v. CoatesNew York Supreme Court · 1829
3Cited by12 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Evans v. HarrisNew York Supreme Court · 1853
- Carpenter v. BriggsSupreme Court of Vermont · 1843
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