Orcutt v. Orms
New York Court of Chancery
Orson Martin resided at Poultney, in the state of Vermerit, and was at the time of his death engaged in running a line of stages, and transporting the mail, from the city of Albany into the state óf Vermont. The stage stopped over night at Poultney, about five or six miles from the line of this state, where the team which ran from thence to Hebron, in the county of Washington, was kept over night.
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Orson Martin resided at Poultney, in the state of Vermerit, and was at the time of his death engaged in running a line of stages, and transporting the mail, from the city of Albany into the state óf Vermont. The stage stopped over night at Poultney, about five or six miles from the line of this state, where the team which ran from thence to Hebron, in the county of Washington, was kept over night. Martin died in 1815, and the defendant, at the request of his widow, shortly after his death, took out letters of administration from the probate court of the district in which he died. The…
1Opinion of the Court
The Chancellor.
I am not informed as to the reasons upon which the decision of the late chancellor, overruling the defendant’s plea, was founded. But as he gave the defendant permission to let it stand for an answer, as far as it went., he must have arrived at the conclusion that the facts therein stated might form a defence, or part of a defence to the suit. For if a plea contains nothing which can be a valid defence to any part of the matters which it professes to cover, it will not be allowed to stand for an answer, but should be absolutely overruled. When a plea is allowed to stand for an…
2Cited by9 opinions
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- Hofmann v. BurrisIllinois Supreme Court · 1904
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