Dean & Chamberlain v. Allen
8 Johns. 390
This text of 8 Johns. 390 (Dean & Chamberlain v. Allen) 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
Dean & Chamberlain v. Allen, 8 Johns. 390 (N.Y. Super. Ct. 1811).
Opinion
This action was for a tort, and not on any contract expressed or implied. Deceit was the gist of the action, and it could not have been joined with a count in assumpsit. (1 Johns. Rep. 503.) The former judgment was no bar, because this cause of action could not have been set off in the former suit, and the judgment below must be reversed.
Judgment reversed.
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3 E.D. Smith 561 (New York Court of Common Pleas, 1854)
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Bluebook (online)
8 Johns. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-chamberlain-v-allen-nysupct-1811.