Barnard v. Curtis

Massachusetts Supreme Judicial Court

Barnard v. Curtis

8 Mass. 535

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1812

StatusPublished

Cited by4 cases

This text of 8 Mass. 535 (Barnard v. Curtis) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnard v. Curtis, 8 Mass. 535 (Mass. 1812).

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Opinion

By the Court.

This case must be distinguished from an account filed and allowed by way of set-off. In such case we have allowed full costs, though the balance found by the jury has been less than twenty dollars. But here was evidence of a partial payment, by which the plaintiff’s actual demand is proved to be under twenty dollars. It is within the statute, and costs can be taxed but to the amount of one fourth part of the damage found by the verdict.

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By the Court.

This case must be distinguished from an account filed and allowed by way of set-off. In such case we have allowed full costs, though the balance found by the jury has been less than twenty dollars. But here was evidence of a partial payment, by which the plaintiff’s actual demand is proved to be under twenty dollars. It is within the statute, and costs can be taxed but to the amount of one fourth part of the damage found by the verdict.

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Bluebook (online)

8 Mass. 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnard-v-curtis-mass-1812.

Opinion

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