Kleeman v. J. & P. Baltz Brewing Co.
Supreme Court of New Jersey
Kleeman v. J. & P. Baltz Brewing Co., 70 N.J.L. 202 (N.J. 1903)
41 Vroom 202; 60 A. 408; 1903 N.J. Sup. Ct. LEXIS 59
Fort, Syckel
Kleeman v. J. & P. Baltz Brewing Co.
Opinion of the Court
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.
Reference
- Full Case Name
- CHARLES KLEEMAN v. THE J. & P. BALTZ BREWING COMPANY
- Status
- Published