Mott v. Kip
New York Supreme Court
THIS was an action on the case for a false return. The cause . was tried at the Oneida circuit, in June, 1813, before Mr. Justice tz , ates. The plaintiffs gave in evidence the record of a judgment and a testatum fi.fa. in their favour against Reuben Tomer, for 4,000 dollars of debt, and 15 dollars and 25 cents costs.
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THIS was an action on the case for a false return. The cause . was tried at the Oneida circuit, in June, 1813, before Mr. Justice tz , ates. The plaintiffs gave in evidence the record of a judgment and a testatum fi.fa. in their favour against Reuben Tomer, for 4,000 dollars of debt, and 15 dollars and 25 cents costs. The execu was delivered to John B. Pease, the defendant’s deputy, on the 16th October, 1811, at 8 o’clock A. M. on which the sheriff, by his deputy, returi^, that he had levied 204 dollars and 50 cents, and that the defeeáftftt had no other goods to satisfy the resí¿ue of the…
1Per curiam
The testimony of Platt ought to have been submitted to the jury as evidence of the charge contained in the declaration. It related to the acknowledgments of Pease and Tompkins, the reputed and acting deputies of the sheriff. What an accredited agent or a deputy sheriff says, will, in certain cases, be competent evidence to charge the principal; and the question is, whether the acknowledgments, under the circumstances of this case, were not admissible. They were made soon after the delivery of the execution to the deputy Pease ; and though the case is silent on that point, we may well presume…
2Cited by9 opinions
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- Tyler v. UlmerMassachusetts Supreme Judicial Court · 1815
- United States v. Bank of ArkansasU.S. Circuit Court for the District of Arkansas · 1846
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