Putnam v. Shelof — 12 Johns. 435

Majority

p. 435

Putnam and others against Shelof.

Headnote

where a (SiainpííSS ment ^ ’¿wen Bvl SSiara "$« Í“tment i3 rev

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.

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.