Commercial Bank of Buffalo v. Love
19 Wend. 98 | N.Y. Sup. Ct. | 1838
By the Court,
The plea puis darrein is inequitable and unjust, and must be stricken out. If the . defendant wishes to avail himself of any defence existing previous to the payment, he has a right to do so, and if he so elects, the plaintiffs must notice the cause for trial; otherwise they have leave to discontinue without costs.
Rule accordingly.