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11 Johns. 74

Kline v. Low

New York Supreme Court

Decided January 15, 1814

New York Supreme Court · decided 1814-01-15

in ERROR, on certiorari, from a justice’s court. Low sued ... „ , , Mine before the justice, for 46 numbers of a book, at 25 cents' each, and a book of plates, at two dollars, amounting to 14 dolkirs and 25 cents.

Decided 1814-01-15

Per Curiam.

¶1The demand of the plaintiff below for all, except the surplus numbers, was valid; as she, being administratrix, went on, after the death of her husband, and completed the contract. The surplus numbers were not within the contract, and as the justice expressly allowed that part of the demand, amounting to more than one half of the sum recovered, there is too great an excess in the recovery to be overlooked, especially as it was made a point before the justice. The judgment below must, for that reason, be reverse^.

¶2Judgment reversed.

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