Stevens v. Curtiss
Supreme Court of Connecticut
IN ERROR. The plaintiff declared, that he, being a constable of the town of Norfolk, had in his hands, on the 26th of March, 1814, an execution in favour of Eraslus Ives against Hezekiah Turner, for collection; that on the same day, he levied this execution on certain goods, the property of Turner, of the value of 100 dollars, took them into, his possession, and posted them to be sold at the public sign-post at the end of twenty days; and that afterwards, on the same day, he…
Read the full summary
IN ERROR. The plaintiff declared, that he, being a constable of the town of Norfolk, had in his hands, on the 26th of March, 1814, an execution in favour of Eraslus Ives against Hezekiah Turner, for collection; that on the same day, he levied this execution on certain goods, the property of Turner, of the value of 100 dollars, took them into, his possession, and posted them to be sold at the public sign-post at the end of twenty days; and that afterwards, on the same day, he delivered them to the defendants, at their special instance and request, who thereupon gave to the plaintiff a certain…
1Opinion of the Court
Hosmer, Ch. J.
This is an action of assumpsit, brought by a constable, for the non-delivery of certain enumerated* articles of property. The plaintiff had levied an execution, on them in favour of Eras tus Ives against Hezekiah Turner, and, having delivered them to the defendants, took their written-promise to re-deliver them at the post. From the defendants^ plea, it appears, that the same execution had before been is* sued, and put into the hands of Robbins, a deputy-sheriff, for collection, to whom paymept was made,-of the debt, and of his fees ; and that Robbins fraudulently, procured an…
2Cases cited2 opinions
- Sturges v. BeachSupreme Court of Connecticut · 1816
- Reed v. TousleySupreme Court of Connecticut · 1792