Ackley v. Finch
New York Supreme Court
Oh error from the court of common pleas of the county of Washington. The action below was trover for a chaise *and harness, by Finch against Ackley. The jury, under the direction of the court, found for the plaintiff; on which, judgment was given for him.
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Oh error from the court of common pleas of the county of Washington. The action below was trover for a chaise *and harness, by Finch against Ackley. The jury, under the direction of the court, found for the plaintiff; on which, judgment was given for him. On the trial, the defendant below took certain exceptions to the opinion of the court, and the cause came here upon a bill of exceptions; the facts in which, so far as they are material to the points • i i -hip t ■ . . „ cided, will be found stated in the opinion of the court. insisted that trover would not lie, in the case presented by the…
1Opinion of the Court
Curia, per Woodworth, J.. . _ This is a writ of error to the Washington common pleas. Finch declared in trover for a chaise and harness. It appeared that an execution was levied on his property, in 1813, for about $120. An agreement was made between him and Ackley, that Finch should assign to Ackley a judgment bond against David Smith, *291and deliver to Ackly the chaise and harness, as his property absolutely, and allow his demand; and that he, Ackley, would advance the $120. Ackley paid $120; which, together with his demand, was $206 55. He gave up his notes, and discharged his account against…
2Cases cited1 opinion
- Brown v. Bement & StrongNew York Supreme Court · 1811
3Cited by15 opinions
- Simmons v. JenkinsIllinois Supreme Court · 1875
- Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
- Crews v. HarlanTexas Supreme Court · 1905
- Pease v. DittoIllinois Supreme Court · 1901
- Tannahill v. TuttleMichigan Supreme Court · 1854
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