Barnard v. Curtis

8 Mass. 535

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.