Reeves v. Hatkinson

Supreme Court of New Jersey

Reeves v. Hatkinson

3 N.J.L. 751

DecidedFebruary 15, 1811

StatusPublished

This text of 3 N.J.L. 751 (Reeves v. Hatkinson) 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

Reeves v. Hatkinson, 3 N.J.L. 751 (N.J. 1811).

Pincite

Opinion

By the Court.

— No doubt but that a judgment is a proper debt to be set-off; but a judgment or other debt to be set off, must be due the defendant in his own right; set-off is a contrivance to prevent cross actions, and thereby to save costs, trouble and expense. We are of opinion, that it ought to be such a debt as the defendant could bring an action for in his own name. We think to support this set-off, would be going further than the statute will warrant, or the adjudicated cases justify. Therefore, the plaintiff is entitled fo judgment for the sum found by the referees.

get-off of the assigned judgment over-ruled.

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By the Court.

— No doubt but that a judgment is a proper debt to be set-off; but a judgment or other debt to be set off, must be due the defendant in his own right; set-off is a contrivance to prevent cross actions, and thereby to save costs, trouble and expense. We are of opinion, that it ought to be such a debt as the defendant could bring an action for in his own name. We think to support this set-off, would be going further than the statute will warrant, or the adjudicated cases justify. Therefore, the plaintiff is entitled fo judgment for the sum found by the referees.

get-off of the assigned judgment over-ruled.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.J.L. 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeves-v-hatkinson-nj-1811.