Sands v. St. John
New York Supreme Court
THIS case came before the court on an appeal from an order made at the Delaware special term, held by Justice Baloom, in May, 1861, overruling the plaintiff’s demurrer to the fourth defense set up in the defendant’s answer. The action was brought by the plaintiff, as receiver of the ¿Etna Insurance Company of Utica. There were two counts or claims in the complaint.
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THIS case came before the court on an appeal from an order made at the Delaware special term, held by Justice Baloom, in May, 1861, overruling the plaintiff’s demurrer to the fourth defense set up in the defendant’s answer. The action was brought by the plaintiff, as receiver of the ¿Etna Insurance Company of Utica. There were two counts or claims in the complaint. But each was based upon a promissory note, in the following words and figures, viz : “ §420. For value received in policy Ho. 239, dated the 28th of March, 1851, issued by the ¿Etna Insurance Company of Utica, we promise to pay the…
1Opinion of the CourtBalcom, P. J.
The defense of the statute of limitations m this case is set up in nearly the same form that such defense was interposed in actions at law under our former system of pleading. (See 2 Chit. Pl. 450; Bell v. Yates, 33 Barb. 627.) But that system was abolished in 1848, when the code of procedure was enacted.- (Laws of 1848, p. 497.) The system of pleading prescribed by the code is sui generis, though more like that which formerly prevailed in courts of equity than any other.
Under the old system the plaintiff had no right, in an action at law, to allege facts in his declaration to head off or…
2Cases cited17 opinions
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- People ex rel. Barton v. Rensselaer InsuranceNew York Supreme Court · 1862
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