Ford v. Mattice
New York Supreme Court
Motion to set aside- complaint, &c. The complaint contains two counts. The first states that, “ within six years past, from the commencement of the suit, the defendant became indebted to the plaintiffs, for divers bills of goods, &c., to him sold and delivered by the plaintiffs, and at his request, in the city of Albany, on which there was due and owing to the plaintiffs, on the first day of August, 1856, the sum of $692.80, and which sum, besides a credit of $36, for twelve…
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Motion to set aside- complaint, &c. The complaint contains two counts. The first states that, “ within six years past, from the commencement of the suit, the defendant became indebted to the plaintiffs, for divers bills of goods, &c., to him sold and delivered by the plaintiffs, and at his request, in the city of Albany, on which there was due and owing to the plaintiffs, on the first day of August, 1856, the sum of $692.80, and which sum, besides a credit of $36, for twelve pair of socks, had and received by the plaintiffs from the defendant, with interest, is still due. The second count…
1Opinion of the Court
Harris, Justice.
The complaint in hand is a very different thing from that described in the 142d section of the Code. The plaintiffs allege that the defendant owes them a balance of account amounting to $656.80. For this sum, with interest, they claim that they are entitled to judgment. They ask.for nothing more. And yet the plaintiffs have, in their complaint, stated that they have two distinct causes of action against the defendant for precisely the same amount of goods sold and delivered, and subject to precisely the same credit. If there is any substantial difference between the two causes…
2Cases cited1 opinion
- Lambert v. GhiselinSupreme Court of the United States · 1850
3Cited by3 opinions
- Noval v. HaugNew York Supreme Court · 1905
- Druiding v. LyonMissouri Court of Appeals · 1879
- Munn v. CookNew York Supreme Court · 1890