Miller v. Miller

Headnote

A motion by plaintiff to strike out a plea of defendant as false, will be denied with costs, where the defendant fujly swears to the truth of said plea.

Motion by plaintiff to strike out the plea of payment or third plea by the defendants pleaded; on the ground that the same was false.—Plaintiff declared in assumpsit for work, labor and services, goods, wares and merchandize, money lent and advanced, paid, laid out and expended, money had and received, and also for board, washing and lodging, provided by plaintiff for the said Jacob P. Miller in his life time, and upon an account stated. The defendants pleaded First, That the said Jacob P. Miller, in his life time, did not undertake and promise in manner and form as the plaintiff in his declaration complained: Second, The statute of limitations: and Third, That after the making of the said several promises and undertakings in the said declaration mentioned, to wit, on the 2d day of February, 1843, during the life time of the said Jacob P. Miller, deceased, he, the said Jacob P. Miller, fully paid and satisfied the

said plaintiff all and singular the said several sums of money in the said declaration specified and set forth. The plaintiff alleged the third plea to be wholly and entirely false, and that no part of the claims of plaintiff for which the suit was brought was ever paid by said Jacob P. Miller in his life time, or by any other person, and that he had a good cause of action, &c. The defendants stated in the affidavit, in opposition to the motion, that the plea of payment interposed by defendants to plaintiff’s declaration, was true in substance and matter of fact; that it was pleaded in good faith, and that the whole of plaintiff’s demand in said cause had been fully paid and satisfied by Jacob P. Miller in his life time, which defendants expected to he able to show on the trial, and swore to merits generally.