Ott v. Schroeppel
New York Supreme Court
Demumiee. by the plaintiff to the 3d, 4th and 6th pleas of' the defendant, and by the defendant to the replications to the 2d and 5th pleas. The action was debt upon an award. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court,
Gridley, J.
This is an action of debt on an award, and the declaration contains two counts. The defendant pleaded nil debet to the whole declaration; four special pleas to the first count, and one to the second. The third and sixth pleas are respectively pleas of no award. To these pleas the plaintiff has demurred, and assigned as one of the causes of demurrer that the pleas amount to the general issue.
I. The plea of nil debet is an appropriate plea to an action of debt on an award, and is the general issue, putting in issue every allegation in the declaration. (1 Saund. Pl. & Ev.…
2Cases cited1 opinion
- Hinman v. HapgoodCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by9 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Alexander v. CollinsIndiana Court of Appeals · 1891
- Community State Bank v. StrongCourt of Appeals for the Eleventh Circuit · 2007
- Trail v. SomervilleMissouri Court of Appeals · 1886
- Ex parte WallisNew York Supreme Court · 1827
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