Miller v. Adsit
New York Supreme Court
Motion by the plaintiff, that Edwin R. Ball pay the costs which have been adjudged against the defendant. The suit was replevin, commenced in the Rensselaer common pleas, for a pair of horses which the defendant had taken as a constable, on an execution in favor of Ball against Jacob Goon.
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Motion by the plaintiff, that Edwin R. Ball pay the costs which have been adjudged against the defendant. The suit was replevin, commenced in the Rensselaer common pleas, for a pair of horses which the defendant had taken as a constable, on an execution in favor of Ball against Jacob Goon. Judgment was rendered for the defendant in the common pleas—the plaintiff brought error to this court, where the judgment was affirmed—and he then removed the record into the court for the correction of errors, where the judgment was reversed; and costs in that court and in this, awarded against the…
1Opinion of the Court
By the Court,
Bronson, J.
[674] Ball swears that he delivered his execution to the defendant Adsit, and directed him to collect the money, but gave him no direction to levy on any particular property. He denies any agreement express or implied to indemnify the constable, or that he is under any legal or other obligation to do so, unless directing him to levy and collect the execution, imposed such obligation. He also denies having employed or agreed to pay counsel in the replevin suit, and says that the defence was not directed or conducted by him, but by Adsit. Adsit has made an affidavit in…
2Cases cited3 opinions
- Colvard v. OliverNew York Supreme Court · 1832
- Jordan v. SherwoodNew York Supreme Court · 1834
- Norton v. RichNew York Supreme Court · 1823
3Cited by27 opinions
- Starin v. . KellyNew York Court of Appeals · 1882
- Hamilton v. SmithMichigan Supreme Court · 1878
- Billings v. . RussellNew York Court of Appeals · 1886
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
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