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Curtiss v. Lawrence

Curtiss against Lawrence

Curtiss v. Lawrence, 17 Johns. 111 (N.Y. Sup. Ct. 1819)
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Court
New York Supreme Court · State Trial Courts
Decided
October 15, 1819
Citations
17 Johns. 111
Cited by 11
Headnotes
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-
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per 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 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1847–1848: 11851–1852: 11859–1860: 11863–1864: 11873–1874: 11877–1878: 11883–1884: 21895–1896: 11919–1920: 11969–1970: 118472026peak 1883 · 2

Relies on it most ⓘ

  1. Cohen v. Persky110 Misc. 24 (1920)
  2. Fish v. Dodge4 Denio 311 (N.Y. Sup. Ct. 1847)
  3. Excelsior Electric Co. v. Sweet31 A. 721 (N.J. 1896)
  4. Cooper v. Livingston19 Fla. 684 (1883)
  5. Douglas v. Latona61 Misc. 2d 859 (N.Y. Sup. Ct. 1970)
  6. Elting v. Campbell8 F. Cas. 581 (1863)

Most recent

  1. Douglas v. Latona61 Misc. 2d 859 (N.Y. Sup. Ct. 1970)
  2. Cohen v. Persky110 Misc. 24 (1920)
  3. Excelsior Electric Co. v. Sweet31 A. 721 (N.J. 1896)
  4. Pharis v. Gere38 N.Y. Sup. Ct. 443 (N.Y. Sup. Ct. 1884)
  5. Cooper v. Livingston19 Fla. 684 (1883)
  6. Decker v. Parsons18 N.Y. Sup. Ct. 295 (N.Y. Sup. Ct. 1877)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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