Rogers v. Rogers
The Superior Court of New York City
The declaration in this case, contained two counts. The first count was upon a promissory note for $8,000, made by the defendants in favour of Fitch Rogers deceased, of whose last will and testament the plaintiffs were executors. The note was dated on the 31st of December, 1814, and was payable two years after its date with interest. , The second count was for money lent, money had and received, money paid and upon an account stated.
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The declaration in this case, contained two counts. The first count was upon a promissory note for $8,000, made by the defendants in favour of Fitch Rogers deceased, of whose last will and testament the plaintiffs were executors. The note was dated on the 31st of December, 1814, and was payable two years after its date with interest. , The second count was for money lent, money had and received, money paid and upon an account stated. The defendants separately appeared by the same attorney and separately pleaded the same pleas in bar of the action. These pleas, (especially the second) were…
1Opinion of the Court
The first plea set forth in substance, “that before the making of the note in the plaintiff’s declaration mentioned and the bill of particulars above set forth and stated,” the said Nehemiah and the said testator became co-partners with one DavidRogers Lambert, under the firm of Rogers and Lambert, to wit in the year 1795.
That the books of the firm were kept by Lambert who was to be rewarded by a part of the profits of the business, while all the capital should remain the property of the testator and Nehemiah Rogers.
That in the year 1811, Lambert being debtor to the firm in the sum of…
2Cited by1 opinion
- Johnson v. WilsonIllinois Supreme Court · 1870