Beebe v. Bull
New York Supreme Court
■ Error from the Tompkins common pleas Bull commenced a suit in the Tompkins common pleas in the year 1830, and exhibited his declaration against Beebe in assumpsit for work, labor and services, &c.
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■ Error from the Tompkins common pleas Bull commenced a suit in the Tompkins common pleas in the year 1830, and exhibited his declaration against Beebe in assumpsit for work, labor and services, &c. Beebe pleaded the general issue, and secondly, a special plea, that in this court, in the term of May, 1829, he commenced an action of assumpsit against Bull, which subsequently was referred to referees; on the hearing before whom, Bull set off against the demands of Beebe the identical causes of action now set forth in his declaration in the common pleas, and submitted the same to be passed upon…
1Opinion of the Court
By the Court,
Sutherland, J.
The demand of the plaintiff in this suit was properly rejected as a set off by the referees ; it could not legally have been allowed. The defect was ■ not in the proof, but in the nature of the demand. The goods were transported by Bull, upon an agreement with Alvah Beebe, to pay the partnership account of Jed-e-diah and Alvah Beebe. This was his express agreement. There was an express appropriation by the parties of these services to the partnership account. Bull could not have recovered the amount from Beebe, unless he had refused to credit it to him as the…
2Cases cited1 opinion
- McGuinty v. HerrickNew York Supreme Court · 1830
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