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1 Johns. Cas. 152

Thayer v. Rogers

New York Supreme Court

Decided October 15, 1799

New York Supreme Court · decided 1799-10-15

The plaintiff declared in debt oil bond, and the defendant among other things, pleaded two pleas of payment, one before the day, the other, payment at the day.

Decided 1799-10-15

Per Curiam.

¶1Every matter of defence that can be admitted under the first plea, may be given in evidence under the second. The first is, therefore, useless, and is ordered to be. struck out. ' ■

¶2Note. The defendant also pleaded four other pleas, some of which the plaintiff also moved to strike out;' but [*153] *the defence appearing to be complicated, and the propriety of the pleas demanding a close examination, the. court did riot think it a -case sufficiently clear to discriminate between them, and interfere in this, peremptory manner.(a)

¶3Rule granted.

¶4Gra. Frac. 2d edit. 244, 245.

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