Dygert v. Coppernoll

New York Supreme Court

Dygert v. Coppernoll

13 Johns. 210

CourtNew York Supreme Court

DecidedMay 15, 1816

StatusPublished

Cited by2 cases

This text of 13 Johns. 210 (Dygert v. Coppernoll) 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

Dygert v. Coppernoll, 13 Johns. 210 (N.Y. Super. Ct. 1816).

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Opinion

Per Curiam.

No set-off can be allowed,^except, it.be against a claim founded in con tract,, express .or implied. The, minutes.^ of the ‘ former judgment are equivocal and uncertain • as to the cause of action. , Trespass on the case may be for tort or contract; and, to explain that ambiguity, the written declaration. which the justice had left at home was the best evidence ; and, therefore,., the parol evidence to that point was properly excluded.,

The judgment ought to be affirmed.--

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Per Curiam.

No set-off can be allowed,^except, it.be against a claim founded in con tract,, express .or implied. The, minutes.^ of the ‘ former judgment are equivocal and uncertain • as to the cause of action. , Trespass on the case may be for tort or contract; and, to explain that ambiguity, the written declaration. which the justice had left at home was the best evidence ; and, therefore,., the parol evidence to that point was properly excluded.,

The judgment ought to be affirmed.--

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Bluebook (online)

13 Johns. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dygert-v-coppernoll-nysupct-1816.

Opinion

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