Dash v. Van Kleeck
New York Supreme Court
THIS was an action of debt for an escape. The cause was tried at the Albany circuit, in hpril, 1810, before Mr. Justice Thompson.
Read the full summary
THIS was an action of debt for an escape. The cause was tried at the Albany circuit, in hpril, 1810, before Mr. Justice Thompson. The declaration contained two counts. 1. For suffering and permitting Jason Rudes, being in the defendant's custody, as sheriff of the county of Albany, on a Ca. sa. at the suit of the plaintiff, to go at large out of his custody, &c. 2. For that the defendant having the said Jason Rudes in his custody, on such ca. sa. in pursuance of the statute in such case made and provided, permitted the said Jason Rudes to go at large within the limits of the liberties of the…
1Opinion of the CourtYates, J.
The first question raised in this case, is, whether the opposition of the plaintiff to the discharge of the defendant in the original suit, under the insolvent *481act, after the alleged escape had taken place, destroyed his right of action against the sheriff.
By this opposition the plaintiff admitted an existing demand against the original defendant, which, undoubtedly, was the ground of his interference to prevent the discharge, but whether, at the time, he had knowledge of the escape, does not appear, nor do I think it material.
If he supposed the conduct of the prisoner fraudulent, or the…
2Cases cited2 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Ogden, Administrator of Cornell v. Blackledge, of SalterSupreme Court of the United States · 1804
3Cited by229 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
224 more not listed; retrieve them via the Exa API.