Bakove v. Reilly

Alessandroni, J.,

This is an action in trespass against landlord and constable for an alleged illegal distraint. Morris H. Bakove, plaintiff, is the tenant, Thomas P. Reilly, landlord, and Benjamin Stilling, constable, defendants.

On January 12, 1932, Bakove being in arrears, Thomas P. Reilly, his landlord, directed and caused a distraint to be made upon Biakove’s goods by Benjamin P. Stilling, constable. The happenings beginning with the distraint and continuing to the alleged sale of the goods give rise to the two questions which we believe to be controlling on the question of a new trial.…