Elwell v. Lesley

Supreme Court of New Jersey

Elwell v. Lesley

7 N.J.L. 349

DecidedSeptember 15, 1800

StatusPublished

This text of 7 N.J.L. 349 (Elwell v. Lesley) 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

Elwell v. Lesley, 7 N.J.L. 349 (N.J. 1800).

Pincite

Opinion

Kinsey, O. J.

The only reason assigned, which is supported, is, that the verdict of the jury, and the judgment of the justice below, were founded' upon evidence shewing a mistake in a receipt, which it is contended was not admissible. A receipt may *be proved, by parol, to have been given under a mistake; and though, independent of such testimony, the receipt is prima fade evidence of a discharge, its operation may bp destroyed in this manner. Therefore, by the whole court, let the

Judgment be affirmed.

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Kinsey, O. J.

The only reason assigned, which is supported, is, that the verdict of the jury, and the judgment of the justice below, were founded' upon evidence shewing a mistake in a receipt, which it is contended was not admissible. A receipt may *be proved, by parol, to have been given under a mistake; and though, independent of such testimony, the receipt is prima fade evidence of a discharge, its operation may bp destroyed in this manner. Therefore, by the whole court, let the

Judgment be affirmed.

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Bluebook (online)

7 N.J.L. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elwell-v-lesley-nj-1800.