5 Wend. 235 | N.Y. Sup. Ct. | 1830
By the Court,
The third plea is clearly bad, because it sets up as a defence a fact which the plaintiff must have proved if the defendant had pleaded the general issue; but an objection to a special plea, because it amounts to the general issue and no more, cannot prevail unless it be specially assigned as cause of demurrer. The plaintiff, not having the right to insist upon this objection, the plea is good, unless the contract set forth in the declaration is a valid contract without being in writing. If the plea does not answer all the counts where it professes to do so, the demurrer to it must be adjudged to be well taken. I think some of the counts, particularly the second, set forth a contract which is
We give no opinion as to the validity of the verbal promise to pay all the debts of Johannes Monk, without any designation thereof, in consideration of the transfer of the property to the defendant.
Judgment for plaintiff.