recoupment defense (New Jersey) · Go Syfert
← New Jersey issues

recoupment defense in New Jersey

6 New Jersey opinions name it 2 courts 1988–2011 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Brown v. Courtesy Consumer Discount Co. (In Re Brown)green
paeb · 1991 · cited in 1 New Jersey opinions naming this issue, 2001–2001
1 sentence

2001We deem the Troups' recoupment defense as "germane." See Sun NLF Ltd. v. Sasso, 313 N.J.Super. 546, 551 , 713 A. 2d 538 (App.Div.), certif. denied, 156 N.J. 424 , 719 A. 2d 1023 (1998); Leisure Tech-Northeast, Inc. v. Klingbeil Holding Co., 137 N.J.Super. 353, 356 , 349 A. 2d 96 (App.Div. 1975). [6] See In re Brown, 134 B.R. 134, 135 (Bankr.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Rothensies v. Electric Storage Battery Co. green
scotus · 1946
2 sentences

2011In both, the single transaction or taxable event had been subjected to two taxes on inconsistent legal theories, and what was mistakenly paid was recouped against what was correctly due. [Id. at 299-300, 67 S.Ct. at 272 , 91 L.Ed. at 299 .] The Supreme Court of New Jersey adopted the federal doctrine of recoupment in Beneficial Finance Co. v. Swaggerty, 86 N.J. 602, 609 , 432 A.2d 512 (1981).

2011In both, the single transaction or taxable event had been subjected to two taxes on inconsistent legal theories, and what was mistakenly paid was recouped against what was correctly due. [Id. at 299-300, 67 S.Ct. at 272 , 91 L.Ed. at 299 .] The Supreme Court of New Jersey adopted the federal doctrine of recoupment in Beneficial Finance Co. v. Swaggerty, 86 N.J. 602, 609 , 432 A.2d 512 (1981).

21988–2011
Beneficial Finance Co. of Atl. City v. Swaggerty green
nj · 1981
2 sentences

2011In both, the single transaction or taxable event had been subjected to two taxes on inconsistent legal theories, and what was mistakenly paid was recouped against what was correctly due. [Id. at 299-300, 67 S.Ct. at 272 , 91 L.Ed. at 299 .] The Supreme Court of New Jersey adopted the federal doctrine of recoupment in Beneficial Finance Co. v. Swaggerty, 86 N.J. 602, 609 , 432 A.2d 512 (1981).

2011In both, the single transaction or taxable event had been subjected to two taxes on inconsistent legal theories, and what was mistakenly paid was recouped against what was correctly due. [Id. at 299-300, 67 S.Ct. at 272 , 91 L.Ed. at 299 .] The Supreme Court of New Jersey adopted the federal doctrine of recoupment in Beneficial Finance Co. v. Swaggerty, 86 N.J. 602, 609 , 432 A.2d 512 (1981).

22001–2011
Couri v. Gardner green
nj · 2002
2 sentences

2003This "property damage" claim, therefore, is unlike the "nature of the injury" claimed in Couri, supra, 173 N.J. at 335 , 801 A. 2d at 1138 .

2003This "property damage" claim, therefore, is unlike the "nature of the injury" claimed in Couri, supra, 173 N.J. at 335 , 801 A. 2d at 1138 .

12003–2003
Sun NLF Ltd. Partnership v. Sasso green
njsuperctappdiv · 1998
2 sentences

2001We deem the Troups' recoupment defense as "germane." See Sun NLF Ltd. v. Sasso, 313 N.J.Super. 546, 551 , 713 A. 2d 538 (App.Div.), certif. denied, 156 N.J. 424 , 719 A. 2d 1023 (1998); Leisure Tech-Northeast, Inc. v. Klingbeil Holding Co., 137 N.J.Super. 353, 356 , 349 A. 2d 96 (App.Div. 1975). [6] See In re Brown, 134 B.R. 134, 135 (Bankr.

2001We deem the Troups' recoupment defense as "germane." See Sun NLF Ltd. v. Sasso, 313 N.J.Super. 546, 551 , 713 A. 2d 538 (App.Div.), certif. denied, 156 N.J. 424 , 719 A. 2d 1023 (1998); Leisure Tech-Northeast, Inc. v. Klingbeil Holding Co., 137 N.J.Super. 353, 356 , 349 A. 2d 96 (App.Div. 1975). [6] See In re Brown, 134 B.R. 134, 135 (Bankr.

12001–2001
Leisure Technology-Northeast, Inc. v. Klingbeil Holding Co. green
njsuperctappdiv · 1975
2 sentences

2001We deem the Troups' recoupment defense as "germane." See Sun NLF Ltd. v. Sasso, 313 N.J.Super. 546, 551 , 713 A. 2d 538 (App.Div.), certif. denied, 156 N.J. 424 , 719 A. 2d 1023 (1998); Leisure Tech-Northeast, Inc. v. Klingbeil Holding Co., 137 N.J.Super. 353, 356 , 349 A. 2d 96 (App.Div. 1975). [6] See In re Brown, 134 B.R. 134, 135 (Bankr.

2001We deem the Troups' recoupment defense as "germane." See Sun NLF Ltd. v. Sasso, 313 N.J.Super. 546, 551 , 713 A. 2d 538 (App.Div.), certif. denied, 156 N.J. 424 , 719 A. 2d 1023 (1998); Leisure Tech-Northeast, Inc. v. Klingbeil Holding Co., 137 N.J.Super. 353, 356 , 349 A. 2d 96 (App.Div. 1975). [6] See In re Brown, 134 B.R. 134, 135 (Bankr.

12001–2001
Levy v. Federal Deposit Insurance green
ca1 · 1993
1 sentence

1998Ibid.

11998–1998
Gibbins v. Kosuga green
njsuperctappdiv · 1972
2 sentences

1997Similarly, in Gibbins v. Kosuga, 121 N.J.Super. 252 , 296 A.2d 557 (Law Div.1972), the court permitted defendants to raise the recoupment defense although it would have been barred by the statute of limitations had it been raised affirmatively.

1997Similarly, in Gibbins v. Kosuga, 121 N.J.Super. 252 , 296 A.2d 557 (Law Div.1972), the court permitted defendants to raise the recoupment defense although it would have been barred by the statute of limitations had it been raised affirmatively.

11997–1997
MIDLANTIC NAT. v. Georgian, Ltd. green
njsuperctappdiv · 1989
2 sentences

1997Midlantic National Bank v. Georgian, Ltd., 233 N.J.Super. 621 , 559 A.2d 872 (Law Div.1989).

1997Midlantic National Bank v. Georgian, Ltd., 233 N.J.Super. 621 , 559 A.2d 872 (Law Div.1989).

11997–1997

Where else courts name it

NY 15 (1848–2023) PA 12 (1978–2017) IL 10 (1894–2025) NJ 6 (1988–2011) MD 6 (1973–2011) DE 6 (1995–2019) OH 5 (2006–2026) MO 5 (1991–2010) CT 5 (1993–2007) FL 4 (1933–2004) MN 3 (1883–1994) MI 3 (2012–2018) TN 3 (1942–2004) TX 3 (1979–2014) PR 3 (1947–1956) NM 3 (1992–1998) MA 2 (1975–2004) ND 2 (1991–2017) CA 2 (1959–2013) WI 2 (1974–1999) HI 2 (1983–2013) CO 2 (2016–2016) IA 2 (2010–2010) AZ 2 (1981–1982) NE 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check