Bissell v. Marshall

New York Supreme Court

Bissell v. Marshall

6 Johns. 99

DecidedMay 15, 1810

StatusPublished

This text of 6 Johns. 99 (Bissell v. Marshall) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bissell v. Marshall, 6 Johns. 99 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

The decision of the justice, in overriding the plea of the former suit and recovery between the same parties,' and in which the plaintiff below was sued, and neglected to set off the demand for which he then sued, was clearly erroneous. And though the verdict and judgment below were in favour of the now plaintiff in error, he may bring error to reverse it; (3 Burr. 1772.) and it is to be presumed that he has suffered a loss, by the decision of the justice, to the amount of the demand for which he was sued, as it went to reduce the balance due to him. The judgment below must be reversed.

Judgment reversed.

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Per Curiam.

The decision of the justice, in overriding the plea of the former suit and recovery between the same parties,' and in which the plaintiff below was sued, and neglected to set off the demand for which he then sued, was clearly erroneous. And though the verdict and judgment below were in favour of the now plaintiff in error, he may bring error to reverse it; (3 Burr. 1772.) and it is to be presumed that he has suffered a loss, by the decision of the justice, to the amount of the demand for which he was sued, as it went to reduce the balance due to him. The judgment below must be reversed.

Judgment reversed.

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Bluebook (online)

6 Johns. 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bissell-v-marshall-nysupct-1810.