Majority
p. 150Beadle against Hopkins. ALBANY, August, 1805.
Headnote
No notice of special matter is good, except under the gene-sal issue.IN covenant, under a plea of performance, the defendant gave notice of special matter, and the judge at the trial
p. 151
permitted equitable evidence to be Riven, upon which a verdict was taken for the defendant. The application was to set it aside and grant a new trial.
The motion must be granted with costs, to abide the event of the suit. Under the plea in this cause, die notice was inadmissible, and the evidence therefore improperly received. The statute requires the general issue to be pleaded, where special matter is relied on in evidence, under the notice our law permits.