Carey v. Same
1 Cow. 154 | N.Y. Sup. Ct. | 1823
The replication is somewhat informal, but there, is not the least difficulty in seeing which of the pleas it intends to answer.
Rule accordingly.
Otherwise, where, in covenant, the defendant pleaded, 1. and 2. performance ; 3. concord; and the plaintiff demurred generally, and said, “ the plea aforesaid is insufficient, &c.” for it is uncertain to which of the three pleas it shall be referred ; so that, as to two pleas pleaded, the defendant remains unanswered. (Middleton v. Cheeseman, Yelv. 65.)