Baldwin v. Hale
New York Supreme Court
THIS was an action of assumpsit, on a promissory note, The declaration, beside a count on the note, contained money counts, and a count on an insimul computassent. The defendant pleaded non assumpsit to the first and second counts, and an account stated, and a note given and received as to the second count; to the third count, a judgment recovered in the Circuit, Court of the United.
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THIS was an action of assumpsit, on a promissory note, The declaration, beside a count on the note, contained money counts, and a count on an insimul computassent. The defendant pleaded non assumpsit to the first and second counts, and an account stated, and a note given and received as to the second count; to the third count, a judgment recovered in the Circuit, Court of the United. States for the second circuit in tin-District Court of New- York, in an action of assumpsit, for not performing the same promise and undertaking in the said third count of the said plaintiffs’ declaration stated,…
1Per curiam
In the case of Collins v. Lord Matthews, (5 East’s Rep. 473.) it was decided that a plea of nul tiel record, pleaded to an action of debt, on an Irish judgment, must conclude to the country ; for though since the Union such judgment is a record, yet it is only provable by an examined copy on oath, the verity of which is only triable by a jury. The Circuit Court of the United States, in relation to this court, is *218neither a superior nor an inferior court; but is to be regarded as a court of another government Their records, therefore, as to this purpose, are foreign records, and the verity of…
2Cited by4 opinions
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Pepoon v. JenkinsNew York Supreme Court · 1800
- Whitaker v. BramsonU.S. Circuit Court for the District of Southern New York · 1855
- St. John v. CroelNew York Supreme Court · 1843