Connelly v. Pierce
New York Supreme Court
Demurrer to plea. The plaintiffs declared in covenant on a contract bearing date 30th May, 1827, whereby, after reciting that the defendant on the 10th day of April, then last past had purchased at a sheriff’s sale, by virtue of executions against a certain person, 88 acres of land; and that in consideration of $320 paid to him by the plaintiffs, he had bargained and sold to them 40 acres off of the north part of the premises purchased by him, the defendant covenanted and…
Read the full summary
Demurrer to plea. The plaintiffs declared in covenant on a contract bearing date 30th May, 1827, whereby, after reciting that the defendant on the 10th day of April, then last past had purchased at a sheriff’s sale, by virtue of executions against a certain person, 88 acres of land; and that in consideration of $320 paid to him by the plaintiffs, he had bargained and sold to them 40 acres off of the north part of the premises purchased by him, the defendant covenanted and agreed that he would convey to the plaintiffs, by a deed of warranty, the said 40 acres, at the expiration of 15 months…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The rule in pleading is, that a plea may contain as many facts as are necessary to malee out one point, or one defence. The defence relied on by the plea demurred to is that the defendant, is not in default by refusal to give a deed on demand. It was not necessary to his defence, to have negatived both facts; for if the deed' had never been demanded of him, that alone is an answer to "the plaintiff’s declaration; and if, upon demand, the defendant did not refuse, but offered to convey, that also is an answer. The two facts are closely connected, and the defend- -…
2Cases cited1 opinion
- Strong v. SmithNew York Supreme Court · 1805
3Cited by16 opinions
- Blood v. GoodrichNew York Supreme Court · 1832
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Abell v. MunsonMichigan Supreme Court · 1869
- Wells v. SmithNew York Court of Chancery · 1833
- Sheets v. AndrewsIndiana Supreme Court · 1829
11 more not listed; retrieve them via the Exa API.