Stevens v. Lockwood
New York Supreme Court
Error from the Washington common pleas. Lockwood sued Stevens in a justice’s court, and declared in assumpsit for goodssold and delivered, specifying one barrel of soap and 108 fowls.
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Error from the Washington common pleas. Lockwood sued Stevens in a justice’s court, and declared in assumpsit for goodssold and delivered, specifying one barrel of soap and 108 fowls. The defendant pleaded the general issue, and gave notice that he would prove on the trial that, in a former suit against him the plaintiff declared on and brought in an account of which his demand noto presented formed a part, and which could not be separated from the residue of thedemand ihenpre¡tented. On the trial, the plaintiff proved his demand for the fowls. The defendant then proved the former spit, which…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is difficult to distinguish this case from Guernsey v. Carver, 8 Wendell, 492. There the plaintiff’s account consisted of seven items of merchandize sold and'delivered between the 20th July and 27th August, 1828—amount, $2,35. The defendant pleaded a former suit, and prevailed before the justice. In the common pleas of Monroe, upon appeal, it appeared that the plaintiff had an account against the defendant of twenty articles of merchandize between the 4th June and 27th August, 1828—amount between $5 and $6 ; .that of the first trial, he proved items *646from. 4th…
2Cases cited2 opinions
- Guernsey v. CarverNew York Supreme Court · 1832
- Miller v. CovertNew York Supreme Court · 1828
3Cited by8 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- Bendernagle v. CocksNew York Supreme Court · 1838
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Staples v. GoodrichNew York Supreme Court · 1856
- Crane v. EvansNew York Supreme Court · 1887
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