Nellis v. McCarn
New York Supreme Court
THIS was an appeal from a judgment of the county court of Montgomery county, affirming a judgment rendered by a justice of the peace.
1Opinion of the Court
By the Court, Bockes, J.
The action was trespass, for an injury to the plaintiff’s oats. Various defenses were interposed: 1st. A general denial. 2d. Pending suit. 3d. Accord and satisfaction. The plaintiff replied, according to the justice’s return, as follows: “ The complainant demurs. Answers that the defendant’s plea is untrue.” The return also states that the defendant moved to strike out the plaintiff’s pleading, on the ground that it was not sufficiently definite and certain, to enable a man of common understanding to understand it. Thereupon the plaintiff moved for an adjournment, and…
2Cases cited2 opinions
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Buck v. Waterbury & JordanNew York Supreme Court · 1852
3Cited by3 opinions
- Armstrong v. SmithNew York Supreme Court · 1865
- Berliner v. M. Zimmermann Co.Appellate Terms of the Supreme Court of New York · 1907
- Decker v. Myers, New York County Courts1866