Tubbs v. Caswell & Pettit
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court." Tubbs, as endorser, sued Caswell and Pettit as the makers of a promissory note. The defendants pleaded that the promise and undertaking in the declaration mentioned was made by them and one P. S. Sennott jointly, and not by them solely, and that after the making °f the promise, and before the commencement of the suit, to W^’ on’ <^'c" at’ ^le P^a™t'®> hy an instrument under seal, released Sennott from the promise and undertaking, and from all…
Read the full summary
Error from the supreme court." Tubbs, as endorser, sued Caswell and Pettit as the makers of a promissory note. The defendants pleaded that the promise and undertaking in the declaration mentioned was made by them and one P. S. Sennott jointly, and not by them solely, and that after the making °f the promise, and before the commencement of the suit, to W^’ on’ <^'c" at’ ^le P^a™t'®> hy an instrument under seal, released Sennott from the promise and undertaking, and from all demands whatsoever. The plaintiff replied that the promise, &c. was made by the defendants, and not jointly or otherwise…
1Opinion of the Court
The following opinion was delivered
By the Chancellor.
Before I proceed to examine the question arising on this replication, it may be proper to notice an objection made on the argument to the validity of the plea. It was said that if this replication is double, the plea also is double and bad for that cause, and that judgment should have been given against the party who committed the first fault. That rule applies only to cases *131In which the previous pleading is bad in substance, and not defective merely in form. Bushell v. Lechmore, 1 Ld. Raym. R. 369. The objection to a pleading for duplicity…
2Cited by9 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Ketchum v. StateOregon Supreme Court · 1864
- Blanchard v. HoxieSupreme Judicial Court of Maine · 1852
- Drew v. DrewSuperior Court of New Hampshire · 1854
- Aurora City v. WestSupreme Court of the United States · 1869
4 more not listed; retrieve them via the Exa API.