Babcock v. Peck
New York Supreme Court
Error to the Rensselaer common pleas. Babcock sued Peck in a justice’s court, in assumpsit. The declaration was on a special agreement between the parties, by which, in consideration of certain things agreed to be done by the plaintiff, the defendant agreed to transfer to the plaintiff “ one thousand dollars worth of rail-road stock, and to pay the said plaintiff fifty dollars worth of goods, at his, the defendant’s, store.”
Read the full summary
Error to the Rensselaer common pleas. Babcock sued Peck in a justice’s court, in assumpsit. The declaration was on a special agreement between the parties, by which, in consideration of certain things agreed to be done by the plaintiff, the defendant agreed to transfer to the plaintiff “ one thousand dollars worth of rail-road stock, and to pay the said plaintiff fifty dollars worth of goods, at his, the defendant’s, store.” The plaintiff avers performance on his part, and that he has demanded a transfer of the stock, and payment of the $50 worth of goods, but the defendant refused. Damages…
1Opinion of the Court
By the Court, Beardsley, J.
No objection is made to the declaration, and it is assumed to be sufficient to show a cause of action. The second plea is, in substance, that after the cause of action in this case had accrued, and before the commencement of said suit, the defendant therein brought an action of assumpsit, in the justice’s court, against the plaintiff, in which suit the same cause of action set out in the declaration in this case, was set off by the defendant in that suit; and said alleged cause of action was then and there heard, tried, and deter *294mined, with, the other matters in…
2Cited by2 opinions
- Burwell v. KnightNew York Supreme Court · 1868
- Smith v. WarnerMichigan Supreme Court · 1866