Bradner v. Demick
New York Supreme Court
THIS was an action of assumpsit on a promissory note, made by the defendant, April 6, 1816, payable to the plaintiffs, or order, six months after date, for 68 dollars and 5 cents.
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THIS was an action of assumpsit on a promissory note, made by the defendant, April 6, 1816, payable to the plaintiffs, or order, six months after date, for 68 dollars and 5 cents. The defendant pleaded, 1. JYon-assumpsit. 2. That before the giving of the note, in a conversation between the parties, the plaintiffs, falsely, fraudulently, and knowingly, represented themselves to. the defendant as the owners of 400 acres of land in Junius, and offered to sell the same to the defendant for 2,000 dollars ; and that he, confiding in such representations as true, purchased the land of the plaintiffs…
1Opinion of the CourtWoodworth, J.
If the plea is double, the plaintiffs cannot object to it on this demurrer. They ought to have demurred specially for that cause. (1 Chitty's Pl. 512.) I incline to think, that the several matters alleged in the plea, may be considered constituent parts of the same entire defence, and form one connected proposition. The material fact on which the defendant must rely, to defeat a recovery, is, the fraud which the *406plea avers the plaintiffs practised. If the fraud is traversed, then the residue of the plea amounts to nothing more than this ; that the defendant purchased the land, and the…
2Cited by2 opinions
- Briggs v. Grand Trunk Railway Co.Supreme Judicial Court of Maine · 1867
- Watriss v. PierceSupreme Court of New Hampshire · 1858