Anonymous

1

3

L.R curiam.

The balance upon this debt ioi'S'sd OV til*. verdict oí the jury, is a sum under

£. 20. 7,i

L-'f» bees; brought into this court by.au appeal from the county Court v;he it commenced. A part oí the act oí 1786, ch. 14, see.

,

is in these’words : “Provided, that no suit shall be commenctii “ the first instance returnable to any court for atiy sum uc;k 2G.” Articles were delivered to the plaintiff and charged, by the defendant; for the delivery of which there was no stipu-. jUti-ui in the bond, which was for money j and the jury allowed tiu-m*. and the presumption is, tint, they allowed them as set offs. Tncn the rule is, that ií

a

larger sum is reduced by pay.* meats under

£.

20, the court will order a,non-suit upon a verdict, ascertaining ihe sum to be under

f. 20}

"because, piaintiff knowing of these, should have credit given for them, and consequently must have known the amount oí the balance; but i.f only reduced bv set offs, the com t will not order a norsuit, because plaintiff could not kno w at the'time of bringing his.action> whether the defendant would set off or not. ...

judgment for the plaintiff.