Town v. Wilcox
New York Supreme Court
Demurrer to pleas. In May term 1831, the plaintiff declared in assumpsit. The defendant imparled until May term 1832, when he pleaded, 1. the general issue, and 2. that the plaintiff ought not further to have or maintain his action against him because, since the commencement of the suit, to wit, on the 12th July; 1831, the parties mutually entered into bonds to each other, whereby they submitted to arbitration all, and all manner of action and actions, &c. wherefore he…
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Demurrer to pleas. In May term 1831, the plaintiff declared in assumpsit. The defendant imparled until May term 1832, when he pleaded, 1. the general issue, and 2. that the plaintiff ought not further to have or maintain his action against him because, since the commencement of the suit, to wit, on the 12th July; 1831, the parties mutually entered into bonds to each other, whereby they submitted to arbitration all, and all manner of action and actions, &c. wherefore he prayed judgment, if the plaintiff ought further to have or maintain his action, &c. There were two other pleas, similar to…
1Opinion of the Court
By the Court,
Savage, Ch, J.
The pleas are all good, considered in reference to the object for which they were pleaded. They are not pleaded puis darrein continuance. When matter of defence arises after the commencement of the suit, it cannot be pleaded in bar of the action generally ; but if before plea pleaded, it must be pleaded to the further maintenance of the suit. 1 Chitty’s Pl. 635. A plea puis darrein continuance sets up some matter arising after plea pleaded. The rules which govern such pleas are not applicable here.
The object of the pleas was to show a discontinuance of the suit; and…
2Cited by10 opinions
- Jordan v. HyattNew York Supreme Court · 1848
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- Ressequie v. BrownsonNew York Supreme Court · 1848
- Frink v. RyanIllinois Supreme Court · 1841
- Crooker v. BuckSupreme Judicial Court of Maine · 1856
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