Culver v. Robinson
U.S. Circuit Court for the District of Connecticut
WRIT of error. This was an action brought by Robinson against Cul-ver on a promissory note. The plaintiff declared, according to the usual form in this state, “ That the defendant in and by a certain writing or note, under his hand, by him well executed, dated the 22d day of April, 1807, promised the plaintiff to pay to him, for value received, the sum of 56 dollars, in six months from the da'e of said note,” making a profert of the note, and negating the performance of the…
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WRIT of error. This was an action brought by Robinson against Cul-ver on a promissory note. The plaintiff declared, according to the usual form in this state, “ That the defendant in and by a certain writing or note, under his hand, by him well executed, dated the 22d day of April, 1807, promised the plaintiff to pay to him, for value received, the sum of 56 dollars, in six months from the da'e of said note,” making a profert of the note, and negating the performance of the promise therein contained. The defendant pleaded non assumpsit; on which issue was joined. Under this issue, the…
1Opinion of the Court
By the Court., Mitchell, Ch. J. Swift. Tkumiicu and Baldwin, Judges,
dissenting. The statute of this state regulating fleas and pleadings must govern the case; and by that statute, the defendant has liberty to give in evidence, under the general issue, any special matter in his defence, or justification, excepting only “ a discharge from the plaintiff, or his accord, or some other special matter, whereby the defendant, by the act of the plaintiff, is saved or acquitted from the plaintiff’s demand.”(a) The special matter, which must be pleaded, is such as arises subsequent to the plaintiff’s…
2Cited by2 opinions
- Robbins v. HarveySupreme Court of Connecticut · 1824
- Palmer v. YarringtonOhio Supreme Court · 1853