Kneeland v. Rogers
The Superior Court of New York City
This was a special action on the case, in assumpsit. The declaration contained eight counts; seven of which were special, and set forth the plaintiff’s cause of action in various ways ; the last was general, for money paid, money lent and advanced, money had and received, &c. The first count alleged,- that the defendants were merchants and co-partners in trade, transacting their business at the city of New-York, under the name of N. Rogers & Sons.
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This was a special action on the case, in assumpsit. The declaration contained eight counts; seven of which were special, and set forth the plaintiff’s cause of action in various ways ; the last was general, for money paid, money lent and advanced, money had and received, &c. The first count alleged,- that the defendants were merchants and co-partners in trade, transacting their business at the city of New-York, under the name of N. Rogers & Sons. That the plaintiff, on the 20th day of Sept., 1821, had in his hands 124 bales of cotton, belonging to certain persons carrying on trade and…
1Opinion of the CourtOakley, J.
This is a special action on the case. The declaration contains eight counts, the last of which is general. The defendants plead the general issue to the whole declaration, and to the seven first counts, interpose four special pleas: to these pleas there is a general and separate demurrer.
The second count in the declaration substantially sets forth, that an action had been commenced against the plaintiff by one Andrews, in the Supreme Court of the State of New-York, relative to a sale of cotton made to him by the plaintiff, as agent and factor of Morgan & Sons, merchants, residing in Alabama.…
2Cases cited1 opinion
- Doty v. WilsonNew York Supreme Court · 1817
3Cited by2 opinions
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Given v. DriggsNew York Supreme Court · 1803