3 Johns. 427
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
ON certiorari. The suit before the justice was for one dollar, had and received to the use of the plaintiff. The defendant said that he had received a dollar of the plaintiff, but it was his due. On this declaration, the justice, without further evidence, decided that the plaintiff was entitled to recover, and that the defendant must prove the debt he claimed.
Good law ✅— No negative treatment on recordhow we know
Decided 1808-08-15
Cited by 5 later decisions (1 by the Supreme Court) — most recently May 1930
3 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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¶1The justice was manifestly wrong. The whole conversation of the defendant must be taken together. The plaintiff could not take one part, and reject the other. ' What was said by the defendant, taken together, was a denial of the demand of the plaintiff, who was bound to prove it.
¶2Judgment reversed.