Opinion

Briggs v. Brown

  • 3 Hill & Den. 87
Court
New York Supreme Court
Filed
May 15, 1842
Status
Published
Cited by
0 cases
Authority
More cited than 26.4%

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

Judgment for the plaintiff, (a)

See Hurst v. Cook, ( 19 Wend. 463 to 470,) and the cases there cited.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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