¶1If the costs in this case are to be restricted, it must be upon the ground that the plaintiff had no reasonable expectation of recovering more than $13,33, and might have obtained complete justice in a suit brought before a justice of tbe peace. But he had obtained the opinion of men in whose judgment he probably confided, and according to their estimation of the value of the cattle, there was due to him $25. This sum could not be recovered in an action brought before a justice of the peace. And although a jury have now found that a few cents only are due to the plaintiff, yet, considering how very various the opinions of men are in estimating the value of cattle, we cannot say that the plaintiff had not, under the circumstances, a reasonable expectation of recovering more than $13,33, and are of opinion that the motion must be overruled.
5 N.H. 247
Herrick v. Fuller
Superior Court of New Hampshire
Decided September 15, 1830
Superior Court of New Hampshire · decided 1830-09-15
Assumpsit upon a contract, made by the defendant on the 13th June, 1826, to pay the plaintiff $156,75, in neat stock, at cash price, in three years, with interest from April 1,1827.
Cited by 1 later decisions — most recently July 1844
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1830-09-15
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