Briggs v. Brown

Decided May 15, 1842

New York Supreme Court · decided 1842-05-15

Demurrer to plea. The declaration was in trover, and the defendants pleaded that the goods were the property of the plaintiff, and, being on premises demised by the former, were there seized as a distress for rent. The plaintiffs demurred, assigning for cause that the plea amounted to the general issue. Joinder.

Relies on Hurst v. Cook

Decided 1842-05-15

Per Curiam.

¶1The plea denies a wrongful conversion of the goods, and is therefore open to the objection pointed out by the demurrer, viz. that it amounts to the general issue. There are conflicting decisions in the books on the question what special pleas are allowable in trover. We think none should be allowed except such as admit that the plaintiff once had a good cause of action, as a release, accord and satisfaction, former re*88covery, bankrupt discharge, and the like. This plea denies that the plaintiff ever had a good cause of action.

¶2Judgment for the plaintiff, (a)

¶3 See Hurst v. Cook, (19 Wend. 463to 470,) and the cases there cited.