Broome County Bank v. Lewis
New York Supreme Court
Motion to strike out the defendants’ second and fourth pleas as false, and to vacate an order to stay proceedings. [566] The pleadings- as presented for this motion are these : Declaration on money, counts, with a.copy of a note for $7380.- Pleas, 1. Non-assumpsit; 2. No such-corporation ; 4. That the defendants had -paid the plaintiffs $5000, .which was accepted and received in full satisfaction and discharge of said note.
Read the full summary
Motion to strike out the defendants’ second and fourth pleas as false, and to vacate an order to stay proceedings. [566] The pleadings- as presented for this motion are these : Declaration on money, counts, with a.copy of a note for $7380.- Pleas, 1. Non-assumpsit; 2. No such-corporation ; 4. That the defendants had -paid the plaintiffs $5000, .which was accepted and received in full satisfaction and discharge of said note. The plaintiffs replied first, that they were a corporation, and second, that the sum of $5000 was not accepted and received in full satisfaction and discharge of the.…
1Opinion of the Court
By the Court.
[567] This case in most of its features resembles the case of Brewster v. Hall, (6 Cowen, 34.) In that case-there were three formal' special pleas, a replication taking issue had been demurred to, and the demurrers were noticed for argument and on the calendar; an inquest had also been taken upon the general issue, the defendants having omitted to file an affidavit of merits. In these particulars the-two cases are similar. In that case one of the plaintiffs made an affidavit showing the falsity of the pleas, which was not denied by the defendants or their attorney. In this case…
2Cited by1 opinion
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838