Briggs v. Brown

New York Supreme Court

Briggs v. Brown

3 Hill & Den. 87

DecidedMay 15, 1842

StatusPublished

This text of 3 Hill & Den. 87 (Briggs v. Brown) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Briggs v. Brown, 3 Hill & Den. 87 (N.Y. Super. Ct. 1842).

Pincite

Opinion

Per Curiam.

The 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[88]*88covery, bankrupt discharge, and the like. This plea denies that the plaintiff ever had a good cause of action.

Judgment for the plaintiff,

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Per Curiam.

The 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[88]*88covery, bankrupt discharge, and the like. This plea denies that the plaintiff ever had a good cause of action.

Judgment for the plaintiff,

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Bluebook (online)

3 Hill & Den. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-brown-nysupct-1842.

Opinion

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