Hushes v. Wheeler
Court for the Trial of Impeachments and Correction of Errors
On error from the 0. P. of Ontario. The action below assumpsit, by Wheeler against Hughes. The declaratie® -contained a’ count on a promissory note given by the to the plaintiff below, for $114 62, dated Jan-1-826, with the money an-d other common counts, including a count on an insimiil computassenf.
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On error from the 0. P. of Ontario. The action below assumpsit, by Wheeler against Hughes. The declaratie® -contained a’ count on a promissory note given by the to the plaintiff below, for $114 62, dated Jan-1-826, with the money an-d other common counts, including a count on an insimiil computassenf. The defend-below pleaded non assumpsit to the whole -declaration ; aB¿¡ t0 the oommon counts, that after the promises alleged, ■ ‘ - 07 and before the commencement of the suit, he accounted 'll16 plaintiff below of and concerning the several sums of money in those counts mentioned, whereupon he…
1Opinion of the CourtSutherland, J.
As to the demurrer. The second and third pleas are taken from a precedent by Mr. Chitty; (2 Chit. PI. 435;) and so far as that precedent goes, have the sanction of his authority. In the 1st Yol. of that work, 472, he lays down the principle, of which there is no question, that payment, accord and satisfaction, “ a promissory note or other negotiable security given for the debt, and remaining in the hands of a third person, or otherwise outstanding,” may be given in evidence under the plea of non assumpsit; and in pages 474, 475, he says the defendant is at liberty to plead specially any…
2Cases cited5 opinions
- Pierce v. CraftsNew York Supreme Court · 1815
- Holmes v. D'CampNew York Supreme Court · 1806
- Burdick v. GreenNew York Supreme Court · 1818
- Fintard v. TackingtonNew York Supreme Court · 1813
- Angel v. FeltonNew York Supreme Court · 1811
3Cited by35 opinions
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Robinson v. . StewartNew York Court of Appeals · 1854
- Price v. . BrownNew York Court of Appeals · 1885
- Battle v. . CoitNew York Court of Appeals · 1863
- Ford v. MitchellWisconsin Supreme Court · 1862
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