Lewis v. Spencer
New York Supreme Court
ERROR from the Madison common pleas. Spencer sued Lewis upon a bond in the penal sum of $60, conditioned that Lewis should pay Spencer such taxable costs as one Gardner should recover against one Denny, in a suit depending in the Madison common pleas, in case judgment for costs should be rendered in such suit in favor of Gardner. The plaintiff averred that in October, 1830, judgment for costs to the amount of $42,75 was rendered in favor of Gardner against Denny.
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ERROR from the Madison common pleas. Spencer sued Lewis upon a bond in the penal sum of $60, conditioned that Lewis should pay Spencer such taxable costs as one Gardner should recover against one Denny, in a suit depending in the Madison common pleas, in case judgment for costs should be rendered in such suit in favor of Gardner. The plaintiff averred that in October, 1830, judgment for costs to the amount of $42,75 was rendered in favor of Gardner against Denny. Lewis suffered a default, and the damages of the plaintiff were assessed on a writ of inquiry at $45,74. The plaintiff, in October,…
1Opinion of the Court
By the Court,
Nelson, J.
It was decided in Boomer v. Laine, 10 Wendell, 525, that a justice had jurisdiction in an action of covenant upon the condition of a bond, the penalty of which exceeded fifty dollars, where the damages claimed did not exceed that sum, and that it was not limited to a bond» where the condition was for the payment of money only. The ground of this decision was, that by the 2 R. S. 225, § 2, jurisdiction is expressly given lo the justice, in all actions of covenant, in which the damages claimed do not exceed fifty dollars, and that at common law this action was well…
2Cases cited3 opinions
- Boomer v. LaineNew York Supreme Court · 1833
- People v. HolmesNew York Supreme Court · 1830
- Wells v. FeeterNew York Supreme Court · 1830
3Cited by4 opinions
- Peebles v. RogersNew York Supreme Court · 1850
- Brewster v. BrewsterNew York Supreme Court · 1860
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1841
- Scoville v. KentNew York Supreme Court · 1868