Peck v. . Tiffany
New York Court of Appeals
Appeal from the supreme court, where Philip Peck, jun. Drought trover against William Tiffany, for the taking of a quantity of hay, oats, and other personal property. On the trial before Shankland, J. at the Chenango circuit, in April, 1848, the plaintiff proved that he owned the property in question, that it was levied upon and sold by direction of the defendant, and then, after proving its value, rested.
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Appeal from the supreme court, where Philip Peck, jun. Drought trover against William Tiffany, for the taking of a quantity of hay, oats, and other personal property. On the trial before Shankland, J. at the Chenango circuit, in April, 1848, the plaintiff proved that he owned the property in question, that it was levied upon and sold by direction of the defendant, and then, after proving its value, rested. The defendant, to justify the taking, proved a judgment in favor of the Chenango Bank against the plaintiff for $724,98, rendered March 20, 1844 ; an alias fi. fa. issued thereon to the…
1Opinion of the CourtHoyt, J.
For the purpose of showing that the judgment upon which the execution issued had been satisfied, the plaintiff was permitted to prove, that at the sale of property upon a former execution issued upon the judgment, the deputy sheriff said he had sold property enough to satisfy it. I do not deem it important to determine whether this evidence was properly received or not, as the subsequent evidence clearly showed what property was in fact sold, and the amount it brought. I think however that the evidence was improperly received. The sheriff’s return upon the Jt. fa. was prima facie evidence of…
2Cases cited1 opinion
- Green v. BurkeNew York Supreme Court · 1840
3Cited by30 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Wright v. . NostrandNew York Court of Appeals · 1883
- Braem v. Merchants' National BankNew York Court of Appeals · 1891
- Scott v. . MorganNew York Court of Appeals · 1884
- Woolsey v. . MorrisNew York Court of Appeals · 1884
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