Wilson v. Larmouth

New York Supreme Court

Wilson v. Larmouth

3 Johns. 433

DecidedAugust 15, 1808

StatusPublished

This text of 3 Johns. 433 (Wilson v. Larmouth) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Larmouth, 3 Johns. 433 (N.Y. Super. Ct. 1808).

Pincite

Opinion

Per Curiam.

As the plaintiff made no objection to the set-off at the time of the trial, but suffered it to go to the jury, it is now too late to make the objection here. In the case of a plaintiff, it would be error if the verdict should be for more damages than are laid in the declaration, but it is error in form, not in substance. The jury were the proper judges of the quantum of damages ; and it would be against right and justice to set aside this judgment, on a point of form.

Judgment affirmed.

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Per Curiam.

As the plaintiff made no objection to the set-off at the time of the trial, but suffered it to go to the jury, it is now too late to make the objection here. In the case of a plaintiff, it would be error if the verdict should be for more damages than are laid in the declaration, but it is error in form, not in substance. The jury were the proper judges of the quantum of damages ; and it would be against right and justice to set aside this judgment, on a point of form.

Judgment affirmed.

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Bluebook (online)

3 Johns. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-larmouth-nysupct-1808.