Prescott v. Hull
New York Supreme Court
THIS was an action of assumpsit, on a promissory note, dated at Bennington, the 15th of September, 1815, by which *the defendant, for value received, promised to pay to the plaintiff, or bearer, forty-two tons of yellow ochre, to be de-livered in Bennington, in the state of Vermont. The decla-ration contained counts on the note, and the usual money counts.
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THIS was an action of assumpsit, on a promissory note, dated at Bennington, the 15th of September, 1815, by which *the defendant, for value received, promised to pay to the plaintiff, or bearer, forty-two tons of yellow ochre, to be de-livered in Bennington, in the state of Vermont. The decla-ration contained counts on the note, and the usual money counts. The defendant first pleaded non assumpsit, and after-wards, puis darrein continuance, except as to 11 dollars and 30 cents,, parcel, &c., in bar, stating, that at the time of making of the supposed promises, the parties were inhabitants of…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. The plea, in this case, would be above all exception, had it averred, that Abel and Lord had been brought before the court in Vermont to contest the point of the assignment to them. The defendant, to be sure, was not bound to aver that fact, because it had not been set up until the replication was put in, that Abel f Lord were assignees of the present cause of action, prior to the proceedings against the defendant, as the trustee of the plaintiff. The plea then is good ; it appearing that the *231court, in Vermont had jurisdiction of the cause,…
2Cases cited1 opinion
- Andrews v. BeeckerNew York Supreme Court · 1800
3Cited by23 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Wheeler v. RaymondNew York Supreme Court · 1828
- Collins v. NaveIndiana Supreme Court · 1857
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
- Van Derveer v. WrightNew York Supreme Court · 1849
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