10 Johns. 111
Decided January 15, 1813
New York Supreme Court · decided 1813-01-15
IN ERROR, on certiorari, from a justice’s court. Hait brought an action against Fowler, before the justice, for the breach of a contract in the sale or exchange of a horse. The defendant pleaded the general issue, and being asked if he bad any account or demand to set off, he answered that he had no account or demand to offer. The plaintiff demanded a trial by jury.
Cited by 2 later decisions — most recently September 1876
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1813-01-15
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¶1The defendant having omitted to plead, or give notice of the former trial and judgment, was precluded from giving evidence of it, at the trial. It would produce surprise on the part of the plaintiff and injustice, if the defendant were allowed to set up, at the trial, special matter in bar, of which no notice had been previously given to the plaintiff The judgment musíbe affirmed.
¶2Judgment affirmed.
¶3See Waring v, Lockwood, ante, p. 108.