De Groot v. Van Duzer
New York Supreme Court
Error from the superior court of the city of New York. Van Duzer declared upon an agreement made between him and De Groot, whereby the defendant promised to receive and pay the full amount of all notes of the Washington Banking Company, which should be taken by the plaintiff as an exchange broker, in the city of New York, in consideration of a discount of one-eighth of one per cent, to be allowed by the plaintiff upon all such sums which should thus be redeemed.
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Error from the superior court of the city of New York. Van Duzer declared upon an agreement made between him and De Groot, whereby the defendant promised to receive and pay the full amount of all notes of the Washington Banking Company, which should be taken by the plaintiff as an exchange broker, in the city of New York, in consideration of a discount of one-eighth of one per cent, to be allowed by the plaintiff upon all such sums which should thus be redeemed. The plaintiff averred that notes of the Washington Banking Company to the amount of $2000 came to his hands, that he tendered them…
1Opinion of the Court
By the Court,
Bronson, J.
The second, third and fourth pleas have been considered by the counsel as substantially alike, andas forming one class; and the fifth, sixth, seventh and eighth pleas, as constituting another class; and it will therefore be unnecessary to examine more than one plea in each of these general divisions.
It is objected that the picas in the first class do not confess and avoid the action, but set up a different contract from that alleged in the two first counts of the declaration, to which they are pleaded. The objection is not well founded. The pleas do not set up a…
2Cases cited1 opinion
- Packard v. HillNew York Supreme Court · 1829
3Cited by7 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Howell v. StewartSupreme Court of Missouri · 1873
- Frazier v. WilcoxSupreme Court of Louisiana · 1843
- Ormes v. DauchyThe Superior Court of New York City · 1879
- Donovan v. Compagnie Generale Trans-AtlantiqueThe Superior Court of New York City · 1875
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