Legal Opinion
Putnam v. Shelof
New York Supreme Court
Decided October 15, 1815PublishedCited by 2 opinions
ÍN ERROR, on certiorari to a justice’s court. The defendant in error brought an action of assumpsit, in the Court below, against the plaintiffs in error. At the trial, the plaintiff below proved a sale by him to the defendants, of a parcel of boards, for which they agreed to pay him 34 dollars. The justice gave judgment for the plaintiff for 25 dollars, and costs.
1Per curiam
This being an action sounding in damages, the plaintiff below had a right to waive his claim for the excess, over 25 dollars ; and the exception to the jurisdiction is not weU taken. (Tuttle v. Maston, 1 Johns. Cas. 25. Ibid. 333.)
Judgment affirmed.
2Cases cited1 opinion
- Tuttle v. MastonNew York Supreme Court · 1799
3Cited by2 opinions
- Plunket v. EvansSouth Dakota Supreme Court · 1892
- McManus v. GregoryMissouri Court of Appeals · 1885