St. Amand v. Gerry

Decided May 15, 1820

Supreme Court of South Carolina · decided 1820-05-15

Assumpsit upon notes, tried in the Inferior City Court. The report of the Recorder is, that “the plaintiffs in these cases, took verdicts for the principal sums due upon their causes of action, which were promissory notes, releasing their right to all interest. If the interest had been added, the verdicts would have exceeded the amount to which the Court had jurisdiction.

Decided 1820-05-15

¶1The opinion of the Court was delivered by

Gantt, J.

¶2In these eases the Court are of opinion that new trials should be granted.

¶3A plaintiff cannot entitle himself to an action in a Gourt of limited jurisdiction, by releasing the interest, where the principal and interest would exceed it.

¶4If payments are bona fide made, and the sum is so reduced, as not to exceed the amount for which jurisdiction can be sustained, then a plaintiff may proceed to recover such balance;1 but the rule has been otherwise with respect to a credit or a release, when done merely to bring the case within a limited jurisdiction. *To preserve, rt.^oa therefore, uniformity of decisions, new trials must be allowed in <- the above cases.

Nott, Bichaedson and Huger, JJ., concurred.

¶5 McC. 395 ; 3 Strob. 261.