Legal Opinion

Ely v. Van Beuren

New York Supreme Court

Decided August 15, 1805PublishedCited by 2 opinions

ON CERTIORARI. The suit below was under the . . 15th section or the act* concerning slaves and servants, to recover the penalty of 12 dols. 50 cts. for trading with the , ° . slave of the plaintiff. The declaration was for only 12 dols.” cts> stating the trading to be to.the amount of two dul-00 _ , and that the defendant had also innoculated the child 0f ⅛⅛ slave. The errors submitted were, first, that the kinds of goods §⅛! Were not set forth.

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ON CERTIORARI. The suit below was under the . . 15th section or the act* concerning slaves and servants, to recover the penalty of 12 dols. 50 cts. for trading with the , ° . slave of the plaintiff. The declaration was for only 12 dols.” cts> stating the trading to be to.the amount of two dul-00 _ , and that the defendant had also innoculated the child 0f ⅛⅛ slave. The errors submitted were, first, that the kinds of goods §⅛! Were not set forth. It might have been liquor ; and then, under the 15th section, the penalty was only five dol-2dly, that the plaintiff should also have declared for…

1Per curiam

We must, after trial, intend, that the trad-was shewn by proof, to be within the loth section, and tras not for strong liquor. As to the suit being for only a Pari ihe penalty, it is clear that the plaintiff was entitled to wJjat he did demand, the 12 dols. 50 cts. ; he might have waived the treble, damages, as. he had a right to do,'and the defendant below cannot complain that the plaintiff has re* covered less than he might have sued for. The parties ap-peare¿ ay the tria}, and no-objection Vas taken to the form 1 . ,. ... of the declaration; eyery informality 01 .it is, therefore, cui-ed ;…

2Cited by2 opinions

  1. Pye v. StateCourt of Criminal Appeals of Texas · 1912
  2. Tifft v. TifftNew York Supreme Court · 1847

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