Spoor v. Holland & Harlow
New York Supreme Court
This was an action of trover, tried, at the Monroe circuit in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff claimed to recover the value of a quantity of brick alleged to have been levied upon by him as a constable, by virtue of two justices’ executions, one against V. H. Freeman, and the other against Freeman and W. B. Guernsey.
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This was an action of trover, tried, at the Monroe circuit in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff claimed to recover the value of a quantity of brick alleged to have been levied upon by him as a constable, by virtue of two justices’ executions, one against V. H. Freeman, and the other against Freeman and W. B. Guernsey. In the summer of 1829, Freeman and Guernsey made a quantity of brick, in the brick yard of one Baker, and drew about 16,000 from the kiln to the village of Rochester, leaving about 60,000 at the kiln. The plaintiff produced a…
1Opinion of the Court
By the Court, Nelson J.
The judge decided correctly, that it was not incumbent upon the plaintiff to produce the judgments on which the executions had issued, under which he acted. 6 Johns. R. 195. 7 id. 32. It is objected that the evidence of the plaintiff’s declarations was inadmissible to shew a levy upon the 16,000 brick. The endorsement on the execution merely stated a levy upon a quantity of brick, the joint property of the defendants, without specifying the place where they were found. The brick belonged to the defendants, and were subject to the execution,' and the officer once offered…
2Cited by23 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- White v. WebbSupreme Court of Connecticut · 1842
- Brownell v. HawkinsNew York Supreme Court · 1848
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- Seaman v. LuceNew York Supreme Court · 1856
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