Cornelius v. Ivins

Supreme Court of New Jersey

Cornelius v. Ivins

10 N.J.L. 56

DecidedMay 15, 1828

StatusPublished

This text of 10 N.J.L. 56 (Cornelius v. Ivins) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cornelius v. Ivins, 10 N.J.L. 56 (N.J. 1828).

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Opinion

Ch. Justice.

If the charge of sundries, per day book, stood alone, it would be objectionable for its generality. But it appears, that there is a credit given the defendant for the same amount, in the same language, on the same date ; and in as much as those two items taken together, clearly shew that there is no demand on this score, and that the one is extinguished by the other, we think we ought not to reverse the judgment on this ground. As to the objection that debt and trespass, are joined together, we think that the charge for “loading vessel at Cedar-Bush Landing,” is not a trespass, but merely for the use of the wharf or wharfage- — Therefore

Let the judgment be affirmed,.

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Ch. Justice.

If the charge of sundries, per day book, stood alone, it would be objectionable for its generality. But it appears, that there is a credit given the defendant for the same amount, in the same language, on the same date ; and in as much as those two items taken together, clearly shew that there is no demand on this score, and that the one is extinguished by the other, we think we ought not to reverse the judgment on this ground. As to the objection that debt and trespass, are joined together, we think that the charge for “loading vessel at Cedar-Bush Landing,” is not a trespass, but merely for the use of the wharf or wharfage- — Therefore

Let the judgment be affirmed,.

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Bluebook (online)

10 N.J.L. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornelius-v-ivins-nj-1828.