4 Yeates 560
Decided September 15, 1808
Supreme Court of Pennsylvania · decided 1808-09-15
The cause was tried before Judge Smith, on the 8th October 1807, when on the plea of payment to a bond, without giving thirty days notice of the special matters intended to be objected in avoidance of the same, the defendant offered testimony of a' total want of consideration, which the judge overruled, and a verdict was thereupon found for the plaintiff.
Decided 1808-09-15
¶1There can be no possible ground of distinction, either within the words of the rule, or the reason of the thing itself. The object of the rule was to guard against surprize; and if it was proper that notice of the special matter should be given, where part of the demand is disputed, it must be equally so where the defence goes in avoidance of the whole amount of the specialty.
¶2Judgment affirmed.