Tuffs v. Gibbons
New York Supreme Court
' Motion to set aside a plea of accord and satisfaction, March, 1839. pleaded puis darrein continuance on the hearing of the cause before a referee. There had been several continuances between ¡¡me that the matter of the plea arose and the time of pleading it.
1Opinion of the Court
By the Court,
Bronson, J.
Matter of defence which arises after issue joined should be pleaded at or before the time of the next continuance. But the court may in its discretion allow it to be pleaded, although one or more continuances have intervened. Morgan v. Dyer, 9 Johns. R. 255. 10 id. 161. In this case the accord which is pleaded was made between the defendant and the plaintiff’s attorney, after they both had notice that the demand had been assigned by the plaintiff to one Chapman. On the papers submitted it is a plain case of a fraudulent attempt to defeat the right of the assignee. The…
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