Clarke v. Morey
New York Supreme Court
THIS was an action of assumpsit, on a promissory note made by the defendant to the plaintiff dated the 5th June, 1811, for J , r 209 dollars and 50 cents, payable on demand.
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THIS was an action of assumpsit, on a promissory note made by the defendant to the plaintiff dated the 5th June, 1811, for J , r 209 dollars and 50 cents, payable on demand. The declaration was. filed in 3J'Ia~j term, 1812. In Angust terni taut the de. fendant pleaded, 1. Non assnmpsit; 2. That the plaintiff ought ~ot to have and maintain his action, &c. because, the defendant says, that the plaintiff is an alien, born in foreign parts, out of the allegiance of the United States of An~erica, and within the allegiance of a foreign state, to wit, of the united kingdom of Great Britain and…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The second plea states that the plaintiff is an alien, born out of the allegiance, of the United States, and under the allegiance of the king of the united kingdom of Great Britain and Ireland, and not naturalized, and that war exists between the United States and the said kingdom ; and that the plaintiff came into the United States and remains here without any letters of safe conduct from the President of the United States, or any license to remain here.
This plea is not without precedent in the English books; (Rast. Ent. 252. b. 605. b. Denier…
2Cited by37 opinions
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- Ex Parte KawatoSupreme Court of the United States · 1942
- Techt v. . HughesNew York Court of Appeals · 1920
- Haymond v. CamdenWest Virginia Supreme Court · 1883
- Kershaw v. KelseyMassachusetts Supreme Judicial Court · 1868
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