8 Cow. 114
Decided February 15, 1828
New York Supreme Court · decided 1828-02-15
Assumpsit on a promissory note. Plea the general jggue with notice of special matter, containing certain par- ' r i o r ticulars showing the note to be usurious.. On the trial at the February circuit, 1827, before Duer, q_ Judge, the evidence of usury varied in some material . ° particulars from the notice. On objection, therefore, the judge excluded the evidence as inadmissible under the notice. The defendants excepted. Verdict for the plaintiff
Decided 1828-02-15
¶1It is perfectly clear, that where matter is proper as a defence under the general issue, a notice of special matter will not restrict the defendant. If he fails to sustain his notice, he may still take the general ground allowed by the issue. The notice may, in such case, be totally disregarded.
¶2Hew trial granted.