18 Wend. 344
Decided February 15, 1837
New York Supreme Court · decided 1837-02-15
[657] Motion to set aside inquest. The suit was commenced in December last, by the service of a declaration containing a count on a promissory note and the common money counts. On the 26th December, the defendant pleaded specially, that before the commencement of the suit, to wit, on, &c., the plaintiffs for a valuable consideration agreed to give time of payment until the first day of January, 1837.
Decided 1837-02-15
¶1By the Court,
¶2I am satisfied that the demurrer was not put in in good faith ; the question of fact raised by the pleadings might have been fairly tried. The plaintiffs’ attorney was right in the course he adopted. (14 Johns. R. 345. 1 Cowen, 152, 154.) The motion is denied for the reason above suggested; and not on the ground of the falsity of the plea. Motion denied.