Dumont v. Smith
New York Supreme Court
Error to the Schoharie common pleas. Smith sued Dumont in the court below in trespass. The first count was for breaking and entering the plaintiff’s close, called a law office, and taking and carrying away a promissory note, made by the defendant, which the holder had left with the plaintiff as an attorney at law for collection, whereby the plaintiff (amongst other things,) had been deprived of the costs of collecting it.
Read the full summary
Error to the Schoharie common pleas. Smith sued Dumont in the court below in trespass. The first count was for breaking and entering the plaintiff’s close, called a law office, and taking and carrying away a promissory note, made by the defendant, which the holder had left with the plaintiff as an attorney at law for collection, whereby the plaintiff (amongst other things,) had been deprived of the costs of collecting it. The second count was in trespass de bonis asportatis—for taking and carrying away the note. Plea not guilty. On the trial it appeared that the defendant entered the plain…
1Opinion of the Court
By the Court, Jewett, J.
The court charged the jury that if the defendant entered the plaintiff’s office by his permission, and afterwards did an unlawful act, it made him a trespasser for the original entry; and in this I am of opinion that they erred. It is a maxim applicable to some cases, that the law judges of a man’s previous intentions by his subsequent acts. This maxim is well illustrated in The Six Carpenters’ case, (8 Rep. 290,) where it was held that if a man abuse an authority given him by the law, he becomes a trespasser ab initio ; but when he abuses an authority given him by the…
2Cases cited1 opinion
- Allen v. CrofootNew York Supreme Court · 1830
3Cited by13 opinions
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Henderson v. ColemanWyoming Supreme Court · 1911
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Dose v. ToozeOregon Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.