Van Giesen v. Van Houten

Supreme Court of New Jersey

Van Giesen v. Van Houten

5 N.J.L. 822

Supreme Court of New Jersey·Decided February 15, 1820·Published

Opinion

Kirkpatrick C. J.

This is an action upon a note of hand, made by the defendant, Van Giesen,to one Van Giesen, for $100, dated May 24, 1816, and payable in sixty days ; and by the said Marselis Van Giesen, assigned to the plaintiff, Van Houten. The action was instituted March 22, 1817 ; and the defendant insisted, before the justice, that the principal and interest of the said note, amounted to more than $100 ; and there being no credits allowed, plead to the jurisdiction of the court.

According to the course of decision here, this was a good plea. The justice ought to have given judgment upon it for the defendant, and to have dismissed the suit.

Reversed.

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

Kirkpatrick C. J.

This is an action upon a note of hand, made by the defendant, Van Giesen,to one Van Giesen, for $100, dated May 24, 1816, and payable in sixty days ; and by the said Marselis Van Giesen, assigned to the plaintiff, Van Houten. The action was instituted March 22, 1817 ; and the defendant insisted, before the justice, that the principal and interest of the said note, amounted to more than $100 ; and there being no credits allowed, plead to the jurisdiction of the court.

According to the course of decision here, this was a good plea. The justice ought to have given judgment upon it for the defendant, and to have dismissed the suit.

Reversed.

Van Giesen v. Van Houten, 5 N.J.L. 822 (N.J. 1820).

Pincite

5 N.J.L. 822 (Van Giesen v. Van Houten) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.