| N.Y. Sup. Ct. | Oct 15, 1815

Per Curiam.

This being an action sounding in damages, the plaintiff below had a right to waive his claim for the excess, over 25 dollars ; and the exception to the jurisdiction is not weU taken. (Tuttle v. Maston, 1 Johns. Cas. 25. Ibid. 333.)

Judgment affirmed.

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