Tucker v. Ladd & Ladd
New York Supreme Court
On demurrer to the replication. The third count of the declaration was for money had and received. The second plea was to this count alone; and stated that the money mentioned therein belonged to one Yeaton, for whom the plaintiffs were trustees; that the promise alleged Was made to them in that capacity.
Read the full summary
On demurrer to the replication. The third count of the declaration was for money had and received. The second plea was to this count alone; and stated that the money mentioned therein belonged to one Yeaton, for whom the plaintiffs were trustees; that the promise alleged Was made to them in that capacity. That before the making of the promise, the defendants and one Parry (Parry being trustee for the defendants) recovered a judgment in the state of New Hampshire, against Yeaton, in which the defendants were at the time, and now are solely interested. The plea then proposed to set this off…
1Opinion of the Court
Curia, per Savage, Ch. J.
It will be necessary only to inquire whether the replication is faulty, for duplicity and multifariousness. If that objection fails, the others cannot be sustained.
This question has often been before the court, and as *451often decided. In the language of the late Mr. Justice Van ]<[esS; the law on this subject is so well established, that it ought not again to have been called in question. (2 John. 466.) A plea may contain as many facts as are necessary to constitute one point, without being chargeable.with duplicity;[1] and the replication may traverse all, or any of…
2Cases cited4 opinions
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Patcher v. SpragueNew York Supreme Court · 1807
- Van Rensselaer's Executors v. JewettNew York Supreme Court · 1848
- Rogers v. BurkNew York Supreme Court · 1813
3Cited by5 opinions
- Kiersted v. Orange & Alexandria RailroadNew York Court of Appeals · 1877
- McCaulley v. JenneySuperior Court of Delaware · 1875
- Messner v. Messner's Administrator, Pennsylvania Court of Common Pleas, Dauphin County1862
- Tebbets v. TiltonSuperior Court of New Hampshire · 1851
- Whitford v. LaidlerNew York Supreme Court · 1881