Edwards v. Clemons
New York Supreme Court
*This was an action of replevin, tried at the Erie circuit in [ *481 ] January, 1839, before the Hon. Nathan Dayton, one of the circuit judges. The plaintiffs declared in the detinet for a quantity of merchandise.
Read the full summary
*This was an action of replevin, tried at the Erie circuit in [ *481 ] January, 1839, before the Hon. Nathan Dayton, one of the circuit judges. The plaintiffs declared in the detinet for a quantity of merchandise. The defendants pleaded the general issue, and gave notice of special matter to be proved on the trial, that they, as the bailiffs of Alanson Palmer, would acknowledge the taking of the goods in the building, &c. and justly, &c. because the plaintiffs for one year preceding the 1st May, 1837, and from thence until and at the time when, &c. enjoyed the building in which, &c. as…
1Opinion of the Court
*By the Court,
Cowen, J.
The notice accompanying the plea did not mislead by stating that the defendants were bailiffs to Alanson Palmer. They could not take any authority from him; but that was not the objection, nor was it that the notice varied from the truth. It seems to have been merely that the notice was inconsistent in stating a distress by Palmer’s bailiffs for a rent which the same notice stated to be due to his assignees. Such a notice would not mislead the plaintiffs. Particulars enough were stated to show them the premises and rent in respect to which the distress was made. It is…
2Cases cited2 opinions
- Prindle v. AndersonNew York Supreme Court · 1838
- Weed & Weed v. Saratoga & Schenectady RailroadNew York Supreme Court · 1838
3Cited by11 opinions
- Story v. . FurmanNew York Court of Appeals · 1862
- Smith v. HuckabeeSupreme Court of Alabama · 1875
- Gibbs v. DavisSupreme Court of Florida · 1891
- Porter v. BleilerNew York Supreme Court · 1853
- Stephens v. OverstolzU.S. Circuit Court for the District of Eastern Missouri · 1890
6 more not listed; retrieve them via the Exa API.