Ingalls v. Lord
New York Supreme Court
Certiorari to a Justice’s Court. In trover, by Ingalls against Lord, in the Court below, it appeared that Lord, as constable, and under an execution against Ingalls, levied up- . ° ° 1 on and sold a promissory note against one Brown, on which was due to Ingalls about $57. The note was received from Ingalls by the defendant, in exchange for IngalPs watch and some clothes, which the defendant had before levied on under qle same execution.
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Certiorari to a Justice’s Court. In trover, by Ingalls against Lord, in the Court below, it appeared that Lord, as constable, and under an execution against Ingalls, levied up- . ° ° 1 on and sold a promissory note against one Brown, on which was due to Ingalls about $57. The note was received from Ingalls by the defendant, in exchange for IngalPs watch and some clothes, which the defendant had before levied on under qle same execution. Verdict for the plaintiff, for $5-., x 3 v
1Opinion of the Court
Curia.
The note being a chose in action, could not be levied on nor sold. (Denton v. Livingston, 9 John. 100.) If *241levied upon, as the goods of Ingalls, the act was illegal and void. And if the note was taken as security for money advanced; or agreed to be advanced, the transaction was also illegal. This Court has viewed, with great jealousy, the conduct of officers holding executions against defendants. (Reed v. Pruyn & Staats, 7 John. 426, 30. Sherman v. Boyce, 15 id. 443, 7.) The value of the note was the amount due thereon ; as no evidence was given to reduce that value, either by shewing…
2Cases cited2 opinions
- Reed v. Pruyn & StaatsNew York Supreme Court · 1811
- Jackson ex dem. Newcomb v. SmithNew York Supreme Court · 1812
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- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Hart v. HoffmanNew York Court of Appeals · 1870
- Inter-State Finance Corp. v. Commercial Jewelry Co.Illinois Supreme Court · 1917
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