McKyring v. . Bull
New York Court of Appeals
Appeal from the Superior Court of Buffalo. The complaint alleges that the plaintiff entered into the employ of the defendant on the 12th day of May, 1852, and continued in such employment, doing labor and service for the said defendant, at his request, until the 3d day of May, 1854, and avers that such work, labor and service were worth the sum of $650. It concludes as follows : “ That there is now due to this plaintiff, over and above all payments and offsets, on account of…
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Appeal from the Superior Court of Buffalo. The complaint alleges that the plaintiff entered into the employ of the defendant on the 12th day of May, 1852, and continued in such employment, doing labor and service for the said defendant, at his request, until the 3d day of May, 1854, and avers that such work, labor and service were worth the sum of $650. It concludes as follows : “ That there is now due to this plaintiff, over and above all payments and offsets, on account of said work, the sum of one hundred and thirty-four dollars, which said sum defendant refuses to pay; wherefore plaintiff…
1Opinion of the CourtSelden, J.
Although the Code of Procedure has abrogated the common law system of pleading, with all its technical rules, yet, in one respect, the new system which it has introduced bears a close analogy to that for which it has been substituted. The general denial allowed by the Code corresponds very nearly with the general issue in actions of assumpsit and of debt on simple contract, at common law. The decisions upon the subject, therefore, in the English courts, although not obligatory as precedents since the changes introduced by the Code, will nevertheless be found to throw much light upon the…
2Cited by96 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- First National Bank v. FordWyoming Supreme Court · 1923
- Bellinger v. CraigueNew York Supreme Court · 1860
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