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Curtiss v. Lawrence

17 Johns. 111 Court N.Y. Sup. Ct. English

Contents

Majority

p. 97
Curtiss against Lawrence.

Headnote

Where the plaintiff, m an action of slander, laid hU damages at 1,000 dollars, and the jury found a verdict for the plaintiff for 4,250 dollars, the court refused to allow the declaration to be amended, by increasing the amount of damages al-
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.
Storrs, for the plaintiff,
now moved for leave to amend the declaration, by increasing the amount of damages stated.
Davis, contra.

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.[1]

(b) (b) Vide Livingston v. Rogers, 1 Gaines's Rep. 584. 588.

Footnotes

  1. (a) (a) 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 purpose, pursuant to the 16th section of the actu concerning the Supreme Court,” (sess. 36. c. 3.) on account of a pestilential disease prevailing in the city of New- York.