8 Johns. 439
Decided October 15, 1811
New York Supreme Court · decided 1811-10-15
THIS was an action of assumpsit. The declaration contained three counts. The two first counts were on a special agreement, for the exchange of notes between , . . n , ... the parties, and a warranty ot the note exchanged and delivered by the defendant to the plaintiff. The third count was for money had ,and received, to the use of the plaintiff, money paid, &c. To the two first counts there was a demurrer, and a judgment thereon for the defendant.
Cited by 1 later decisions — most recently December 1877
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1811-10-15
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¶1The verdict must be set aside, and a new trial awarded, with costs to abide the event. Such a special agreement could not be given in evidence, under the money counts. It would be going beyond all precedent, and produce the greatest surprise on the defendant. Even if the evidence had been admissible, it did not support the warranty alleged.
¶2New trial granted»