3 Johns. 229
Decided May 15, 1808
New York Supreme Court · decided 1808-05-15
THIS was an action of assumpsit. The declaration, which was of November term, 1806, contained five counts for goods sold and delivered, 5kc. money had and received to the plaintiff’s use, ike. There was an imparlance to the first day of February term last, and the defendant pleaded, 1. Non-assumpsit; 2.
Key passage — most relied on by later courts
“The demurrer is not well taken. If the plaintiff has accepted the principal, he cannot afterwards bring an action for the interest.”
quoted by 2 later decisions, including Stewart v. Barnes, Pacific Railroad v. United States
Good law ✅— No negative treatment on recordhow we know
Decided 1808-05-15
Cited by 17 later decisions (2 by the Supreme Court) — most recently March 1926
1 federal appellate · 14 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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¶1The, demurrer is not well taken. If the plaintiff has accepted the principal, he cannot afterwards bring an action for the interest. It is not a plea puis darrein continuance, but a regular plea of payment after an imparlance.
¶2The plaintiff may withdraw the demurrer and reply, on payment of costs.