Trustees of Columbia University V. Jacobsen, 148 A.2d 63, 53 N.J.Super. 574 (N.J. Super. A.D., 1959)

BUSL 18

26 September 2015

CASE: Trustees of Columbia University v. Jacobsen, 148 A.2d 63, 53 N.J.Super. 574 (N.J. Super. A.D., 1959)

FACTS: A student of Columbia University had money due on two promissory notes. The university sued him to pay and the student in turn, filed a counterclaim because he claimed he was not taught what the university had promised to do. He stated that the university represented that it would teach things such as wisdom, which was not achieved. Even after his tuition was paid off by his mother, he still continued with the lawsuit. Defendant filed a motion for self-disqualification of the trial judge and a counter-motion for summary judgment.

PROCEDURAL HISTORY: The trial court denied both motions filed by the defendant. Columbia won and Jacobsen appealed.

ISSUE: Did the trial court erred in denying the first and second motion?

RULE: The court dismissed his counterclaim with prejudice and denying him with motion for summary judgment.

APPLICATION: The court believes that the defendant fails to state a cause of action. With his action to have the judge disqualify himself, and was then deemed wrongfully claimed. The court said no because no “promises” were made by the university.

CONCLUSION: According to the defendant, the judge rendered a premature judgment after hearing only the plaintiff’s side of controversy, which is why he file a motion to disqualify the judge and a motion to summary judgment. However, the court denied both motions due to no prima facie evidence and no material facts to dispute, which proves that the judge did not make a premature judgment. Therefore, both motions were denied.