Gilbert v. Moody
New York Supreme Court
This was an actioh of trespass de boni asportatis, tried at the' St. Lawrence circuit in February, 1834, before the Hon. Esek Cowen, then one of the circuit judges.
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This was an actioh of trespass de boni asportatis, tried at the' St. Lawrence circuit in February, 1834, before the Hon. Esek Cowen, then one of the circuit judges. The goods in question were purchased by the plaintiff at a sheriff’s sale of the property of one Wheelock, by virtue of an execution in his favor, in the afternoon of Saturdajq the 14th July, 1832; they.were in the dwelling house occupied by Wheelock, and remained there until Tuesday morning the 17th July, when they .were taken by the defendants under a distress warrant for rent. The plaintiff resided at Ogdensburgh, a distance of…
1Opinion of the Court
By the Court,
Nelson, Ch J.
The only question in this case is, whether the plaintiff permitted the goods purchased at the sheriff’s sale to remain an unnecessary or unreasonable time upon the premises of the defendant in the execution, so as to subject them to the payment of the rent for the satisfaction of which they were seized by virtue of the distress warrant. The goods consisted of household furniture, which could readily have been removed, and no reason or excuse for the delay was offered on the part of the plaintiff. It was not necessary that he should have delayed the removal until a…
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