Baldwin v. Walsworth
New York Supreme Court
Demurrers. Plaintiffs sued defendant in debt. Declaration ; for price and value of certain goods, &c., sold and delivered ; for the price and value of certain work done, &c. ; for money lent, paid, had and received, &c.; for interest due from defendant to plaintiffs for a forbearance of money, and for money found to be due on a settlement of accounts.
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Demurrers. Plaintiffs sued defendant in debt. Declaration ; for price and value of certain goods, &c., sold and delivered ; for the price and value of certain work done, &c. ; for money lent, paid, had and received, &c.; for interest due from defendant to plaintiffs for a forbearance of money, and for money found to be due on a settlement of accounts. Last count of declaration was on a justice’s judgment for $59.46, damage and costs, in favor of plaintiffs in this suit ag’ainst defendant in this suit, rendered in a suit in which the plaintiffs here were defendants. Pleas. First, the general…
1Opinion of the Court
By the Court,
Beardsley, J.
The first count in the declaration is in debt on simple contract, for goods, work, money, &c., in the usual form. To this the defendant pleaded as a second plea a former recovery for the same causes of action, the judgment being rendered in a justice’s court in an action wherein the present defendant was plaintiff, and the now plaintiffs were defendants. It is pleaded as a judgment in favor of the defendants in that cause for $59.46, being an amount of set-off in their favor and costs. (2 R S., 235, § 52.)
The third plea to said count is founded on the statute, which…
2Cases cited3 opinions
- Lattin v. VailNew York Supreme Court · 1837
- Phinney v. EarleNew York Supreme Court · 1812
- Nevins v. KeelerNew York Supreme Court · 1810