Waring v. Yates

Decided January 15, 1813

New York Supreme Court · decided 1813-01-15

THIS was an action of assumpsit. The bill against the de_ _ _ _ - . ni i • i • fendanty who was an attorney of this court, was hied m vacation, as of the first Monday of August term, 1832, and stated the promise or assumption of the defendant, to be on the 1st September, 1812. * The defendant pleaded, that on the second day of September, 1812, he delivered to the plaintiff a bank check, which had been paid, and which the plaintiff accepted and received in full satisfaction,…

Good law ✅— No negative treatment on recordhow we know

Decided 1813-01-15

How this case has been cited

Cited by 3 later decisions — most recently April 1896

1 federal appellate · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The second objection is fatal. The declaration is bad on general demurrer.* It was so decided in Cheetham v. Lewis. (3 Johns. Rep. 42.) There should have been a special memorandum in this case, entitling the declaration of the day on which it was filed, and subsequent to the time when the cause of action accrued. The defendant is entitled to judgment, but he has leave to withdraw the demurrer, and the plaintiff may amend on payment of costs.

¶2Judgment for the defendant

¶3 1 Tida's Pr. 767. Chitty's Pl. 259. 263, 264, 265.