Yates v. Joyce
New York Supreme Court
THIS was an action on the case. The declaration contained three counts. The first count stated that in the term of May, e J7 1809, at Schenectady, to wit, &c.
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THIS was an action on the case. The declaration contained three counts. The first count stated that in the term of May, e J7 1809, at Schenectady, to wit, &c. Charles Kane recovered judgnient in the supreme court against John Joyce and Darcy Joyce, for 3^00 dollars of debt, and 14 dollars and 43 cents damages, vhich was filed and docketed on the 3d June, 1809. On the ".1th of January, 1812, Kane assigned this judgment to the plaintiff who, on the 8th June following, sued out a test. fi. fa. to the ¡heriff of the county of Schenectady, returnable on the first e v v * Monday in August,…
1Per curiam
This appears to be an action of the first impression. The books do not furnish a precedent in its favour. It is obvious, however, from the statement of the plaintiff’s case, in the declaration, the truth of which is admitted by the demurrer, that he has sustained damage by the act of the defendant, which he alleges was done fraudulently, and with intent to injure him. It is the pride of the common law, that wherever it recognises or creates a private right, it also gives a remedy for the wilful violation of it. The facts stated in the declaration being admitted by the demurrer, we are to…
2Cited by36 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Ward v. . PetrieNew York Court of Appeals · 1898
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Gardner v. HearttNew York Supreme Court · 1846
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
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