Gassner v. Sandford
The Superior Court of New York City
This was an action of debt, brought to recover the amount of a judgment recovered in the court of common pleas for the city of New York, in the year 1828, for the sum of $222 30. The declaration set forth the judgment, to which the defendant pleaded nul tiel record. Annexed to this plea, was a notice of special matter, viz.: that on the first day of July, 1828, the defendant fully paid and satisfied the sum claimed in the declaration.
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This was an action of debt, brought to recover the amount of a judgment recovered in the court of common pleas for the city of New York, in the year 1828, for the sum of $222 30. The declaration set forth the judgment, to which the defendant pleaded nul tiel record. Annexed to this plea, was a notice of special matter, viz.: that on the first day of July, 1828, the defendant fully paid and satisfied the sum claimed in the declaration. The cause was tried before Chief Justice Oakley and a jury, on the 5th day of January, 1850. Upon the trial, the plaintiff introduced in evidence a record of a…
1Opinion of the CourtBy the Court. Sandford, J.
The defendant is permitted to give notice of any matters which if pleaded, would be a bar to the action, whenever he shall plead the general issue, in any action in which such issue may be pleaded, (2 R. S. 352, § 10;) and the principal point presented by the case, is whether nul tiel record pleaded in an action of debt on a judgment, is such a general issue.
The subsequent provision in the same section, extending the privilege of giving a notice to nil debet, pleaded to debt on judgment, and to non est factum in covenant; does not aid the *443plaintiff, nor does it assist us much in pur inquiry.…
2Cases cited5 opinions
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Trotter & Douglass v. MillsNew York Supreme Court · 1831
- Bullis v. Giddens & BrownNew York Supreme Court · 1811
- White v. Converse & PhelpsNew York Supreme Court · 1838