Elliott v. Coggshall

Assumpsit for goods sold and delivered. Pleas, general issue, and “fraud, covin, misrepresentation, and deceit.” Demurrer to the latter, assigning for cause, 1st, that it amounts to the general issue; 2dly, that it does not allege the particulars of the fraud. Demurrer sustained; jury trial on the general issue; and final judgment for the plaintiff. The defendant appeals.

The only question presented for our consideration is,—whether the plea alleging fraud in the general terms above stated, is good in form as well as substance?

In the case of Pence et al. v. Smock, 2 Blackf. 315, this Court…