Pierce v. Lyon

New York Supreme Court

Pierce v. Lyon

3 Hill & Den. 450

DecidedJuly 15, 1842

StatusPublished

This text of 3 Hill & Den. 450 (Pierce v. Lyon) 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

Pierce v. Lyon, 3 Hill & Den. 450 (N.Y. Super. Ct. 1842).

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Opinion

By the Court, Bronson, J.

As the second debt was not due when the first action was commenced, and as the effect of a consolidation might be to delay the collection of the notes, although there may be no defence in that action, I think the motion should be denied. If the defendant had sworn that he intended to suffer judgment to pass by default in both actions, or if he had offered to accompany any plea that he might put in with such an affidavit as would have been necessary on pleading to the first action alone, the motion might have been granted. [

Motion denied.

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By the Court, Bronson, J.

As the second debt was not due when the first action was commenced, and as the effect of a consolidation might be to delay the collection of the notes, although there may be no defence in that action, I think the motion should be denied. If the defendant had sworn that he intended to suffer judgment to pass by default in both actions, or if he had offered to accompany any plea that he might put in with such an affidavit as would have been necessary on pleading to the first action alone, the motion might have been granted. [

Motion denied.

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Bluebook (online)

3 Hill & Den. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-lyon-nysupct-1842.