Legal Opinion

Bradner v. Roffsell

Supreme Court of New Jersey

Decided November 15, 1894PublishedCited by 7 opinions

On error to the Supreme Court. Eor opinion of Supreme-Court, see ante p. 32. The action was begun in the Monmouth Circuit by Harriet Roffsell, administratrix of Joseph Roffsell, deceased, against Robert D. Bradner, as builder and owner, upon a claim under the Mechanics’ Lien law.

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On error to the Supreme Court. Eor opinion of Supreme-Court, see ante p. 32. The action was begun in the Monmouth Circuit by Harriet Roffsell, administratrix of Joseph Roffsell, deceased, against Robert D. Bradner, as builder and owner, upon a claim under the Mechanics’ Lien law. The declaration as filed contained two counts upon a building contract-, under seal, made between Bradner and Joseph Roffsell, the common counts for work and labor done and materials furnished for Bradner by Joseph Roffsell in his lifetime, and other common counts for work and labor done and materials furnished for…

1Opinion of the Court

The opinion of the court was delivered by

Mag-ie, J.

The record discloses two claims on the part of the defendant in error. One claim is upon implied contracts, between her intestate and the plaintiff in error, and is a claim, in a representative capacity ; the other is upon implied contracts between her and plaintiff in error, and is necessarily a claim in her own right. As the judgment upon each of these-claims must be different, it was obviously irregular to join them in one action, and the Court of Common Pleas erred in refusing to compel the administratrix to elect-between the inconsistent…

2Cases cited2 opinions

  1. Chism v. SchipperSupreme Court of New Jersey · 1888
  2. Mackinson v. ConlonSupreme Court of New Jersey · 1893

3Cited by7 opinions

  1. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
  2. Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
  3. State v. TessierSupreme Court of Louisiana · 1880
  4. Cope v. BeaumontCourt of Appeals for the Third Circuit · 1910
  5. Terminal Construction Corp. v. Bergen County Hackensack River Sanitary Sewer District AuthoritySupreme Court of New Jersey · 1955

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