Curtiss v. Lawrence

Decided October 15, 1819

New York Supreme Court · decided 1819-10-15

THIS was an action of slander, and the damages were laid in the declaration at 1,000 dollars. The jury found a verdict for the plaintiff for 4,250 dollars. now moved for leave to amend the declaration, by increasing the amount of damages stated.

Good law ✅— No negative treatment on recordhow we know

Decided 1819-10-15

How this case has been cited

Cited by 7 later decisions — most recently January 1970

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The plaintiff may state, in his declaration, his damages to any amount he pleases ; and he is the best judge of them. It would be error to enter up judgment on the verdict as it stands, and the plaintiff cannot have judgment, unless he enters a remittitur for the damages over and above the amount laid in the declaration. We have no power to allow the amendment.

¶2Motion denied. (b)

¶3Vide Livingston v. Rogers, 1 Gaines's Rep. 584. 588.

¶4 The court sat, during this term, at Albany, instead of New-York, by appointment of the governor, who, during the last vacation, issued his proclamation for that purpose, pursuant to the 16th section of the actu concerning the Supreme Court,” (sess. 36. c. 3.) on account of a pestilential disease prevailing in the city of New- York.