12 Johns. 435
Decided October 15, 1815
New York Supreme Court · decided 1815-10-15
ÍN ERROR, on certiorari to a justice’s court. The defendant in error brought an action of assumpsit, in the Court below, against the plaintiffs in error. At the trial, the plaintiff below proved a sale by him to the defendants, of a parcel of boards, for which they agreed to pay him 34 dollars. The justice gave judgment for the plaintiff for 25 dollars, and costs.
Cited by 2 later decisions — most recently January 1892
2 state decisions
Relies on Doe v. Roe
Good law ✅— No negative treatment on recordhow we know
Decided 1815-10-15
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¶1This being an action sounding in damages, the plaintiff below had a right to waive his claim for the excess, over 25 dollars ; and the exception to the jurisdiction is not weU taken. (Tuttle v. Maston, 1 Johns. Cas. 25. Ibid. 333.)
¶2Judgment affirmed.