Humphrey v. Brown
New York Supreme Court
This was a motion to set aside an execution, issued by the-plaintiffs against the persons of the defendants, for irregularity and upon the merits. In October, 1855, the defendants wrote a letter to the plaintiffs, stating that they had shipped to them 52 sides of good slaughter upper leather, in the rough, and that they had drawn upon them at ninety days for $150, which draft they wished them to honor.
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This was a motion to set aside an execution, issued by the-plaintiffs against the persons of the defendants, for irregularity and upon the merits. In October, 1855, the defendants wrote a letter to the plaintiffs, stating that they had shipped to them 52 sides of good slaughter upper leather, in the rough, and that they had drawn upon them at ninety days for $150, which draft they wished them to honor. The defendants accepted the draft, and were ultimately obliged to pay the same. They did not receive the leather until December, 1855, and when received there was a deficiency of 1 hide in…
1Opinion of the Court
Hoqeboom, Justice.
1. An execution against the person may be issued if the action be one in which the defendant might have teen arrested under sections 179 and 181 of the Code. (Code, §§ 179, 181.)
2. If the action be one in which, from its very nature, and from the facts necessarily stated in the complaint as the cause of action, the plaintiffs would, necessarily have been entitled to an order of arrest, an execution against the person may issue, as a matter of course, because the record shows conclusively that the defendant might have been arrested. It cannot be material in such case whether…
2Cases cited1 opinion
- Delamater v. RussellNew York Supreme Court · 1850
3Cited by5 opinions
- Smith v. . KnappNew York Court of Appeals · 1864
- McGovern v. PaynNew York Supreme Court · 1859
- Fassett v. TallmadgeNew York Supreme Court · 1860
- Elwood v. GardnerNew York Supreme Court · 1870
- Stelle v. PalmerThe Superior Court of New York City · 1860