Legal Opinion

Bowen v. Bissell

New York Supreme Court

Decided February 3, 1831PublishedCited by 2 opinions

Motion to strike out a plea as false, or for leave to reply double. The action is debt on bond for the payment of money, by an assignee of the obligee. The defendant pleads non est factum and payment.

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Motion to strike out a plea as false, or for leave to reply double. The action is debt on bond for the payment of money, by an assignee of the obligee. The defendant pleads non est factum and payment. The plaintiff, on an affidavit that he apprehends that the defendant will produce in support of his second plea an instrument in writing, acknowledging satisfaction, fraudulently executed by the obligee after, but bearing date previous to the assignment, and that the defendant had admitted the existence of the debt at the time of, and subsequent to the assignment, moves to strike out the second…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The general affidavit of merits is sufficient to resist the first branch of the motion; there is no intricacy in the defence interposed. Leave to reply double is granted.

2Cited by2 opinions

  1. Ginnel v. StaynerAppellate Division of the Supreme Court of the State of New York · 1902
  2. Ex parte BellSupreme Court of Alabama · 1872

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