Hewes v. Mungan

Supreme Court of New Jersey

Hewes v. Mungan

2 N.J.L. 256

DecidedSeptember 15, 1807

StatusPublished

This text of 2 N.J.L. 256 (Hewes v. Mungan) 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

Hewes v. Mungan, 2 N.J.L. 256 (N.J. 1807).

Pincite

Opinion

Kirkpatrick, C. J.

— The defendant, on the trial of this canse, was suffered to make off-set without having filed a plea, and the verdict was for him, for forty-two dollars and seventeen cents. This is irregular. The act is positive. In order to let in proof of set-off, there must be a plea of payment filed. The filing of an account, containing the items to be set-off is not enough. It has repeatedly been so determined.¹ Reverse.

Rossell, and Pennington, Justices. — Concurred.

Judgment reversed'.

Free access — add to your briefcase to read the full text and ask questions with AI

Kirkpatrick, C. J.

— The defendant, on the trial of this canse, was suffered to make off-set without having filed a plea, and the verdict was for him, for forty-two dollars and seventeen cents. This is irregular. The act is positive. In order to let in proof of set-off, there must be a plea of payment filed. The filing of an account, containing the items to be set-off is not enough. It has repeatedly been so determined.¹ Reverse.

Rossell, and Pennington, Justices. — Concurred.

Judgment reversed'.

Cite This Page — Counsel Stack

Bluebook (online)

2 N.J.L. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewes-v-mungan-nj-1807.