Van Hoesen v. Holley
New York Supreme Court
Tías was an action of debt for an escape, tried at the Columbia circuit in April, 1831. One Curtiss was a prisoner in execution, on the limits of the jail of the county of Columbia.
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Tías was an action of debt for an escape, tried at the Columbia circuit in April, 1831. One Curtiss was a prisoner in execution, on the limits of the jail of the county of Columbia. The plaintiff’s attorney being informed by an agent of the plaintiff that he suspeete(j Curtiss was off the limits, made out a writ against the sheriff, took it in his pocket and went into the street with the intention, if he should find Curtiss off the limits, to deliver or send the writ to the coroner. He saw Curtiss off the limits, and while he was so off, he, the attorney, delivered the writ to a cartman, and…
1Opinion of the Court
By the Court,
Sutherland, J.
The charge of the judge was correct. The suit was not commenced—the writ was not in judgment of law issued until it was delivered by Jordan, the attorney, to Poultney, the cartman, to be carried by him to the coroner. It was sent to the coroner wil/i the absolute and bona fide intention of having it served. The agent Poultney was vested with no discretion; his instructions were absolute and unconditional, to deliver the writ immediately to the coroner. When the writ was put in the hands of Poultney with such instructions, the suit was commenced, and not before. The…
2Cited by3 opinions
- Lawrence v. WhitneyNew York Supreme Court · 1887
- Milanese v. SuretyNew York Supreme Court · 1933
- Renick v. OrserThe Superior Court of New York City · 1859