Clark v. Denure
New York Supreme Court
Error to the Jefferson C. P. Clark sued Denure before a justice and declared for fraud in the sale of a pair of horses. The defendant pleaded the general issue. On the trial, which was by jury, a verdict was rendered in favor of the plaintiff for $34, who immediately remitted the excess beyond $24,99, for which sum the justice rendered judgment, with costs.
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Error to the Jefferson C. P. Clark sued Denure before a justice and declared for fraud in the sale of a pair of horses. The defendant pleaded the general issue. On the trial, which was by jury, a verdict was rendered in favor of the plaintiff for $34, who immediately remitted the excess beyond $24,99, for which sum the justice rendered judgment, with costs. The common pleas reversed the judgment, on the ground that the justice committed an error in allowing the plaintiff to remit a part of the damages, and in giving judgment for the residue only.
1Opinion of the Court
By the Court, Jewett, J.
The plaintiff supposes that the provisions of the present statute have deprived the justice of the authority which he formerly had in rendering judgment upon the verdict of a jury. But I think that, with the exception of the provision in the 125th section, allowing a remittitur when the verdict is for a sum exceeding the justice’s jurisdiction, the authority of the justice is now substantially what it was under the former statutes. The 9th section of the twenty-five dollar act, (1 R. L. 391,) provided that when the jurors had agreed on their verdict, they should…
2Cases cited1 opinion
- Burger v. KortrightNew York Supreme Court · 1809
3Cited by1 opinion
- Strong v. DanielsMichigan Supreme Court · 1855