Hall v. Rochester
New York Supreme Court
Assumpsit, on a joint and several promissory note—payee against the makers. The first count was on the note, and the second and third were the common money counts, and an account stated. Rochester and Atkinson pleaded nonassumpsit ; and, to the first count, that the note was fraudulently and oppressively obtained, setting forth the particulars.
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Assumpsit, on a joint and several promissory note—payee against the makers. The first count was on the note, and the second and third were the common money counts, and an account stated. Rochester and Atkinson pleaded nonassumpsit ; and, to the first count, that the note was fraudulently and oppressively obtained, setting forth the particulars. Upon the receipt of this plea, the plaintiff entered a nolle prosequi as to them, and took a judgment by default against Atkinson, which it was now moved to set aside as irregular. .
1Opinion of the Court
Curia.
The distinction contended for, by the defendants’ counsel, is fully borne out by the cases to which he refers.
Motion granted.
2Cited by11 opinions
- Robins v. FowlerSupreme Court of Arkansas · 1840
- Morrison v. StonerSupreme Court of Iowa · 1859
- Moulton v. BeecherNew York Supreme Court · 1876
- Frazier v. Bank of the StateSupreme Court of Arkansas · 1842
- Peebles v. RandSupreme Court of New Hampshire · 1861
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