19 Johns. 276 | N.Y. Sup. Ct. | 1822
delivered the opinion of the Court. It is contended, on the part of the defendants, 1. That the plaintiff, by resorting to a Court whose jurisdiction was limited to 50 dollars, is concluded from alleging or claiming a greater amount of damages.
2. That having, in his declaration in the Justice’s Court, concluded to his damages of fifty dollars, he is estopped from claiming more.
We have already decided, that the appellee can recover a larger sum on appeal than he had recovered in the Court below. In my opinion, the act extending the juris