Tillotson v. Preston

3 Johns. 229 | N.Y. Sup. Ct. | 1808

Per Curiam.

The, demurrer is not well taken. If the plaintiff has accepted the principal, he cannot afterwards bring an action for the interest. It is not a plea puis darrein continuance, but a regular plea of payment after an imparlance.

The plaintiff may withdraw the demurrer and reply, on payment of costs.