Green v. Ferguson
New York Supreme Court
IN ERROR, to the court of common pleas of the county of The defendant in error brought an action on the case against the plaintiff in error, in the court below, for a false return by latter, as a constable, to a summons.
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IN ERROR, to the court of common pleas of the county of The defendant in error brought an action on the case against the plaintiff in error, in the court below, for a false return by latter, as a constable, to a summons. The declaration stathat on the 30th of May, 1811, a justice of the peace, in county of Oneida, issued a summons, directing the plaintiff below to appear, to answer one Parke, who sued as well for himself as for the overseers of highways in the town of Rome, in a plea of 25 dollars of debt, which summons was delivered to the defendant below, to be executed; that the defendant…
1Per curiam
The question is, whether the evidence offered was admissible, in mitigation of damages. Every consideration of justice seems to be in favour of admitting the evidence offered, if it can be done without violating any principles of law; for it is very evident, from the testimony, that it was a mere mistake in the officer, he having served the summons on James Ferguson, Supposing him to have been the right person. The plaintiff is, undoubtedly, entitled to recover all the actual damages he. has sustained, but ought not to recover more, when the officer acted in good faith. No rule of law would…
2Cited by3 opinions
- Heredia v. ContinoAppellate Terms of the Supreme Court of New York · 1973
- Strout v. PennellSupreme Judicial Court of Maine · 1882
- Vanguilder v. StullSupreme Court of New Jersey · 1828