Comstock v. Merritt

Decided June 15, 1841

New York Supreme Court · decided 1841-06-15

Verifying plea. The declaration, which was served on the 13th of January last, contained the money counts, to which was subjoined the copy of a promissory note with a notice that it would be given in evidence on the trial, but it was not stated that the note was the only cause of action on which the plaintiff relied.

Decided 1841-06-15

By the Court, Bronson, J.

¶1This case falls within the first rule of May term, 1840. A copy of the note was served with the declaration, and it appeared by the bill of particulars which was delivered before .pleading, (see Chrysler v. James and others, ante, p. 214,) that the note was the only cause bf action on which the plaintiff- relied. The *370plaintiff was regular in disregarding the plea for the want of an affidavit of merits, dut the defendants are entitled to relief on ■ another ground.

¶2Ordered accordingly.