Rew v. Barber
New York Supreme Court
[Vid. S. C. by the title of Rew v. Barker, 2 Cowen’s Rep. 508, where the record, was amended as to the time of sale.] Error from the Court of Common Pleas of the county of Onondaga. Barber sued Rew, in the Court below; and declared against him for money lent, and money had and received. Plea, the general issue.
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[Vid. S. C. by the title of Rew v. Barker, 2 Cowen’s Rep. 508, where the record, was amended as to the time of sale.] Error from the Court of Common Pleas of the county of Onondaga. Barber sued Rew, in the Court below; and declared against him for money lent, and money had and received. Plea, the general issue. The cause was tried at November term, 1819, when the jury found a special verdict as follows: “ That on the 19th November, 1818, Rew (the defendant below) sold a certain brown horse to Barber, (the plaintiff below) for $111; and the plaintiff paid him in a note against one Shankland,…
1Opinion of the Court
Curia,
per Woodworth, J.
It is found, by the special' verdict, that on the 19Ih November, 1818, the defendant in the Court below sold a horse to the plaintiff, and received in payment a note against a third person.
In October, previous to the sale, the Sheriff levied on the horse, under an execution in favour of A. Rust, against Peter W. Yates, the horse then being his, and brought the horse to Benedict, who purchased" the execution, and directed the Sheriff to return and leave the horse in the custody of Yates. Yates soon after sold to Rew, the plaintiff, who purchased in good faith, without…
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