Farrington v. Sinclair
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. The defendant in error, brought an action of trover in the court below, against the plaintiffs in error, for taking a quantity °f firewood which had been levied on by the plaintiff below, who was a constable, by virtue of an execution 1 ] v jn favour of one Caszuell, against one Peter Payne, and . 0 J which was afterwards levied on by the defendant Smith, a . . constable, under a junior execution, in favour of the de~ fendant…
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IN ERROR, on certiorari to a Justice’s Court. The defendant in error, brought an action of trover in the court below, against the plaintiffs in error, for taking a quantity °f firewood which had been levied on by the plaintiff below, who was a constable, by virtue of an execution 1 ] v jn favour of one Caszuell, against one Peter Payne, and . 0 J which was afterwards levied on by the defendant Smith, a . . constable, under a junior execution, in favour of the de~ fendant Farrington, against Payne. At the trial, it was proved that the plaintiff having levied on a wood-pile, at Payne's door,…
1Per curiam
The mere omission, for a few days, to remove the wood, it being a ponderous article, was not, per se, sufficient evidence'of fraud; but the permission given by Caswell, the creditor, to consume it for four fires, in Payne’s tavern, excited a just suspicion, that the proceeding was merely to cover the property; and after such a foundation was laid, the justice ought to have admitted the other evidence offered by the defendants below. It is no answer to say, that this was an action by the constable who levied, and that the fraud, if any, must be imputed to Caswell. If the real design of Caswell…
2Cited by5 opinions
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