Holt v. Johnson
New York Supreme Court
IN ERROR, on Certiorari to a justice’s court. 7 J The defendant in error brought an action of trespass in the court below, against the plaintiff in error, for taking a horse out the harness, while in the possession of the plaintiff below, (the defendant in error.) The defendant below, having proved that the horse was his property, the plaintiff proved, that he, as of certain premises in the occupation of one Soule, had regularly distrained' the horse for rent arrear, while…
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IN ERROR, on Certiorari to a justice’s court. 7 J The defendant in error brought an action of trespass in the court below, against the plaintiff in error, for taking a horse out the harness, while in the possession of the plaintiff below, (the defendant in error.) The defendant below, having proved that the horse was his property, the plaintiff proved, that he, as of certain premises in the occupation of one Soule, had regularly distrained' the horse for rent arrear, while the horse was on the leased premises, and in the charge of Soule the ° tenant, as bailiff for the defendant; that after…
1Per curiam
The judgment was right. The plaintiff below *430acted in good faith, under the agreement for the use of t~-ie horse made with Soule, who had him in his possession, and who claim~ ed to be the owner. There is reason to believe, from the nature of the bailment, between the defendant Holt, the true owner, and Soule, that Soule had authority, as the agent of the defendant, to make the agreement with the plaintiff for the use of the horse; and if so, the defendant has sustained no injury. But, at most, the using the horse was merely an irregularity, after a regular distress; and the 10th section of…
2Cited by2 opinions
- Hersee v. . PorterNew York Court of Appeals · 1885
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