
    Cornelius Van Giesen against Garrabrant Van Houten.
    ON CERTIORARI.
    Note not paid added, and if more'than*0 Action.
    
    
      
      
         La Rue vs. Boughaner, 1 South. 104 (b). Williams vs. Hamilton, 1 South, 220(b). Griffith vs. Clute, 4 Hal, 264. Howell vs. Burnett. Spen. 265. Inhabitants of Saddle River, vs. Colfax, 1 Hal. 115.
      
    
   Kirkpatrick C. J.

This is an action upon a note of hand, made by the defendant, Van Giesen,to one Van Giesen, for $100, dated May 24, 1816, and payable in sixty days ; and by the said Marselis Van Giesen, assigned to the plaintiff, Van Houten. The action was instituted March 22, 1817 ; and the defendant insisted, before the justice, that the principal and interest of the said note, amounted to more than $100 ; and there being no credits allowed, plead to the jurisdiction of the court.

According to the course of decision here, this was a good plea. The justice ought to have given judgment upon it for the defendant, and to have dismissed the suit.

Reversed.  