Wooster v. Burr

New York Supreme Court

Wooster v. Burr

2 Wend. 295

CourtNew York Supreme Court

DecidedMay 15, 1829

StatusPublished

Cited by11 cases

This text of 2 Wend. 295 (Wooster v. Burr) 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

Wooster v. Burr, 2 Wend. 295 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court, Savage, C. J.

There is nothing in the statute which changes the rights of the parties. The statute directs that the sum certified shall be recorded, but the verdict of a jury can be received only by the assent of the plaintiff; and when no verdict is pronounced, no sum is certified. Where a verdict was received without the assent of the plain[296]*296tiff, it was set aside, (1 Wendell, 36;) and the court there held that it is the right of a plaintiff to submit to a nonsuit. The plea of tender is not analogous to a notice of set off; *^e former admits the debt, the latter not.

Motion denied, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court, Savage, C. J.

There is nothing in the statute which changes the rights of the parties. The statute directs that the sum certified shall be recorded, but the verdict of a jury can be received only by the assent of the plaintiff; and when no verdict is pronounced, no sum is certified. Where a verdict was received without the assent of the plain[296]*296tiff, it was set aside, (1 Wendell, 36;) and the court there held that it is the right of a plaintiff to submit to a nonsuit. The plea of tender is not analogous to a notice of set off; *^e former admits the debt, the latter not.

Motion denied, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

2 Wend. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wooster-v-burr-nysupct-1829.

Opinion

Related

Cite This Page — Counsel Stack