Curtiss v. Lawrence
New York Supreme Court
THIS was an action of slander, and the damages were laid in the declaration at 1,000 dollars. The jury found a verdict for the plaintiff for 4,250 dollars. now moved for leave to amend the declaration, by increasing the amount of damages stated.
1Per curiam
The plaintiff may state, in his declaration, his damages to any amount he pleases ; and he is the best judge of them. It would be error to enter up judgment on the verdict as it stands, and the plaintiff cannot have judgment, unless he enters a remittitur for the damages over and above the amount laid in the declaration. We have no power to allow the amendment.
Motion denied. (b)
Vide Livingston v. Rogers, 1 Gaines's Rep. 584. 588.
The court sat, during this term, at Albany, instead of New-York, by appointment of the governor, who, during the last vacation, issued his proclamation for that…
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