Tillotson v. Preston

Court: New York Supreme Court
Date filed: 1808-05-15
Citations: 3 Johns. 229
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14 Citing Cases
Lead Opinion
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.