Wooster v. Burr

Decided May 15, 1829

New York Supreme Court · decided 1829-05-15

Motion to set aside a nonsuit. The action was assumpsit; the defendant gave notice of set off, the suit was tried, the jury came into court prepared to certify a balance in fa-var of the defendant, the plaintiff did not appear, and a nonsuit was entered.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-05-15

How this case has been cited

Cited by 10 later decisions — most recently July 1918

8 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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By the Court, Savage, C. J.

¶1There is nothing in the statute which changes the rights of the parties. The statute directs that the sum certified shall be recorded, but the verdict of a jury can be received only by the assent of the plaintiff; and when no verdict is pronounced, no sum is certified. Where a verdict was received without the assent of the plain*296tiff, it was set aside, (1 Wendell, 36;) and the court there held that it is the right of a plaintiff to submit to a nonsuit. The plea of tender is not analogous to a notice of set off; *^e former admits the debt, the latter not.

¶2Motion denied, with costs.