Spring Valley Shot & Lead Co. v. Jackson
The Superior Court of New York City
Appeal from the decision of one of the justices at chambers, awarding the costs of the suit to the defendants. The suit was upon a guaranty dated April 27, 1847, by which the defendants became liable for all sums of money which might be received by Robins & Allen, of Boston, the plaintiffs agents, as the net proceeds of shot or other property which might be consigned to that firm for sale, by the plaintiffs.
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Appeal from the decision of one of the justices at chambers, awarding the costs of the suit to the defendants. The suit was upon a guaranty dated April 27, 1847, by which the defendants became liable for all sums of money which might be received by Robins & Allen, of Boston, the plaintiffs agents, as the net proceeds of shot or other property which might be consigned to that firm for sale, by the plaintiffs. The agency terminated January 25,1848, and the plaintiffs claimed that there was due to them a balance of $414 51, for shot sold and unaccounted for by Robins & Allen. The cause was tried…
1Opinion of the Court
By the Court.
The statute allows costs to the plaintiffs, where he shall recover any sum in a court of record, if it appear that his claim, as established at the trial exceeded two hundred dollars, and the same was reduced by set-offs ;—or that the debts, demands and accounts of both parties established on the trial, exceeded four hundred dollars. (2 R. S. 614, § 9.) The act regu*624lating courts of justices of the peace, precludes those courts from taking cogniza ce of matters of account, where the sum total of the accounts of both parties, proved to the satisfaction of the justice, shall exceed…
2Cited by1 opinion
- Sherry v. . CaryNew York Court of Appeals · 1888