13 Johns. 210
Decided May 15, 1816
New York Supreme Court · decided 1816-05-15
IN ERROR, on certiorari to a justice^ court, The defendant in error brought ah action of assumpsit in the' conT^ below, against the plaintiff in error, in which the latter pleaded a former trial between the same parties, in which the defendant in error, the .plaintiff below, ought to have, set off the present demand. -The justice, before whom the former action was tried, appeared ás a witness, and produced his rninutes % -from which it appeared, that a judgment had. béen…
Cited by 1 later decisions — most recently July 1867
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1816-05-15
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¶1No set-off can be allowed,^except, it.be against a claim founded in con tract,, express .or implied. The, minutes.^ of the ‘ former judgment are equivocal and uncertain • as to the cause of action. , Trespass on the case may be for tort or contract; and, to explain that ambiguity, the written declaration. which the justice had left at home was the best evidence ; and, therefore,., the parol evidence to that point was properly excluded.,
¶2The judgment ought to be affirmed.--