Nelson v. Swan
New York Supreme Court
THIS was an action oí assumpsit. ■ The declaration contained two counts: 1. The first count stated, that the plaintiff was possessed of 30 acres of land, in lot No. 139., in the Oneida reservation, which was advertised for sale, by virtue of a mortgage to the people of the state of New-Yorh, and that, in consideration that the plaintiff had bargained and sold the same to the defendant, for a certain stipulated sum agreed upon, and that the plaintiff would accept the same,…
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THIS was an action oí assumpsit. ■ The declaration contained two counts: 1. The first count stated, that the plaintiff was possessed of 30 acres of land, in lot No. 139., in the Oneida reservation, which was advertised for sale, by virtue of a mortgage to the people of the state of New-Yorh, and that, in consideration that the plaintiff had bargained and sold the same to the defendant, for a certain stipulated sum agreed upon, and that the plaintiff would accept the same, exclusive of 96 dollars, the defendant promised to pay the plaintiff 96 dollars, provided that, at the public sale of the…
1Opinion of the Court
Thompson, Ch.J.,
delivered the opinion of the court. This is a special demurrer to the whole declaration, which contains two counts. It was admitted, on the argument,by the plaintiff’s counsel, that the first count could not he supported; but it; was. contended, that the second was good; and the demurrer being to the whole declaration,, the plaintiff was entitled to judgment. .The *485second count is imperfect, unless helped by reference to the first; and when the demurrer is general, and one count is bad, nothing in that count can be resorted to for the purpose of helping out, and aiding, another…
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- Clark v. Whittaker Iron Co.Missouri Court of Appeals · 1881
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