Kleeman v. J. & P. Baltz Brewing Co.

Supreme Court of New Jersey

Kleeman v. J. & P. Baltz Brewing Co.

60 A. 408, 70 N.J.L. 202, 41 Vroom 202, 1903 N.J. Sup. Ct. LEXIS 59

Supreme Court of New Jersey·Decided November 9, 1903·Published

Opinion

Per Curiam.

This is an application to set aside a judgment by confession because the affidavit does not, as required by the statute, state the true consideration of the bond. It sets forth that the true consideration of the bond was money loaned and advanced by plaintiffs to defendant.

The evidence shows that a considerable portion of the debt was for beer sold by plaintiffs to defendant. The judgment is therefore set aside. Reading v. Reading, 4 Zab. 358; Clapp v. Ely, 3 Dutcher 555.

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Per Curiam.

This is an application to set aside a judgment by confession because the affidavit does not, as required by the statute, state the true consideration of the bond. It sets forth that the true consideration of the bond was money loaned and advanced by plaintiffs to defendant.

The evidence shows that a considerable portion of the debt was for beer sold by plaintiffs to defendant. The judgment is therefore set aside. Reading v. Reading, 4 Zab. 358; Clapp v. Ely, 3 Dutcher 555.

Kleeman v. J. & P. Baltz Brewing Co., 60 A. 408, 70 N.J.L. 202, 41 Vroom 202, 1903 N.J. Sup. Ct. LEXIS 59 (N.J. 1903).

Pincite

60 A. 408 (Kleeman v. J. & P. Baltz Brewing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.