Bates v. Green

Decided February 15, 1839

New York Supreme Court · decided 1839-02-15

A motion was made in this case to set aside the circuit roll, verdict, and subsequent proceedings for irregularity. The plaintiff declared in assumpsit on .a promissory note; the defendants pleaded the general issue and a special plea that the note was obtained by fraud. The plaintiff put in a replication taking issue upon the last plea; to which replication the defendant demurred and the plaintiff joined in demurrer.

Decided 1839-02-15

¶1By the Court,

Nelson, Ch. J.

¶2There was no necessity for an assessment of contingent damages, as the general issue, the only issue tried, went to the whole declaration. The demurrer reached only the second plea.

¶3The suggestion of the death of one of the defendants, was properly entered upon the roll, 2 R; S. 386, § 1 ; and whatever may be the effect to be given by the court to § 17 and 18, of 2 R. S. 553, there is no reason for disturbing the inquest in this case, as it is not pretended that the suggestion is untrue. Whether the sections adverted to, apply to a case like this, it is not important now to inquire.

¶4Motion denied.