Rockfeller v. Robinson
New York Supreme Court
• Error from the Columbia common pleas. Robinson commenced a suit against Rockfeller in a justice’s court in May, 1833, and declared against him generally for money lent and advanced by him to the defendant. The defendant pleaded a former suit between the same parties in bar of a recovery. The cause was tried before a jury. The plaintiff offered in evidence a note given by the defendant payable to James Powers or order, dated 1st June, 1822, transferred to the plaintiff.
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• Error from the Columbia common pleas. Robinson commenced a suit against Rockfeller in a justice’s court in May, 1833, and declared against him generally for money lent and advanced by him to the defendant. The defendant pleaded a former suit between the same parties in bar of a recovery. The cause was tried before a jury. The plaintiff offered in evidence a note given by the defendant payable to James Powers or order, dated 1st June, 1822, transferred to the plaintiff. The defendant objected that the note was not admissible in evidence under the declaration in the cause. The justice…
1Opinion of the Court
By the Court,
Bronson, J.
There may be (ruth in the suggestion that the plaintiff surprised the defendant on the trial by producing a note, barred by the statute of limitations. If such a trick was practiced, there should be a remedy. But it is not now necessary to decide whether the justice [207] could allow the defendant to plead the statute after an issue had been joined and the trial had commenced.
The plaintiff declared for money lent and advanced by him to the defendant. The defendant did not lake issue on the declaration, but pleaded a former suit in bar. This amounted to a technical…
2Cases cited1 opinion
- Mack v. SpencerNew York Supreme Court · 1830
3Cited by5 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Harris v. ClarkOhio Supreme Court · 1840
- Brown v. McHughMichigan Supreme Court · 1876
- City of Springfield v. HickoxIllinois Supreme Court · 1845
- McClellan v. AnthonyNew York Circuit Court · 1846