
    Goodenow against Travis.
    ALBANY,
    August, 1808.
    In a suit before a .Jufllce> against a tavern keeper, for not the^plaintii; the defendant guilty, and set a trespass by the plaintiff, in his house, 8tc. and the jury found a verdiet for the defendant for six cents damages and six cents costs. It was held, that the matter alleged by way of set-off was to be taken as a justification under the general issue : and the verdict as a general verdict for the defendant, rejecting the six cents damages and costs.
    ON certiorari. The plaintiff below declared against the defendant, who was a tavern keeper, for refusing: to ' ° entertain him. The defendant pleaded not guilty, and set off a trespass by the plaintiff in breaking a door, &c. and that he was a person of bad reputation. A verdict •was found for the defendant for six cents damages and six cents costs.
    
      S. Ross, for the plaintiff in error.
    
      Nicoll contra contra.
   Per Curiam.

The plea was not guilty, and the set-off - , . , . ot the trespass or violence done by the plaintiff m the house, and his bad character, was meant only as a reason, or justification for not entertaining him, and was intended to support the plea of not guilty. The verdict for six cents damages and six cents costs, was intended, and is to be considered, merely as a verdict for the defendant, generally.

Judgment affirmed.  