Union Cotton Manufactory v. Lobdell
New York Supreme Court
THIS was an action ofdebt. The declaration contained several counts : 1. On a iudgment recovered in this court by the , jo i i i plaintiffs against the defendants; and, 2* Counts for goods sold, money lent and advanced to, and money paid, laid out, and expended for, the defendants, and money had and received. To this declaration there was a general demurrer, and joinder m demurrer. - -
1Per curiam
The rule is invariable, that causes of action, which admit of the same plea and the same judgment, may be joined; but the converse of this proposition is not invariably true. Debt on specialty, or debt on judgment, may be joined with debt on simple contract, although they require different pleas* (1 Chit. Plead. 197. 2 Saund. 117. note 2.)
Judgment for the plaintiffs.
2Cited by4 opinions
- Norris v. School District No. 1Supreme Judicial Court of Maine · 1835
- Somerville v. GrimWest Virginia Supreme Court · 1881
- De Proux v. SargentSupreme Judicial Court of Maine · 1879
- McNulty v. BattyWisconsin Supreme Court · 1847