Harvey v. Lane
New York Supreme Court
Error from the Oswego common pleas. Lane sued Harvey in a justice’s court, and declared on a receipt for property entrusted by him to the defendant, to be returned when called for. He averred that he had demanded the property, and that the defendant had refused to deliver it. The defendant pleaded the general issue, and gave notice of various matters that he would prove on the trial of the cause.
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Error from the Oswego common pleas. Lane sued Harvey in a justice’s court, and declared on a receipt for property entrusted by him to the defendant, to be returned when called for. He averred that he had demanded the property, and that the defendant had refused to deliver it. The defendant pleaded the general issue, and gave notice of various matters that he would prove on the trial of the cause. On the trial the following facts appeared: On the 23d October, 1832, Lane, as a constable, by virtue of an attachment issued by a justice of the peace, in favor of John Jaltway against John Harvey,…
1Opinion of the Court
*565 By the Court,
Nelson, J.
There is no valid objection to the taking of a receipt by a constable, for the delivery to him at a future day of property seized under an attachment. The statute, 2 R. S. 231, § 31, requires that the constable shall attach, take into his custody and safely keep the goods; but it would be very inconvenient, and often impracticable, for him personally to take the custody of property thus seized, and from necessity he must sometimes trust it to others. When he does so, it is still in his custody by intendment of law, and he is responsible for it in like manner and to the…
2Cases cited1 opinion
- Christman v. FloydNew York Supreme Court · 1832
3Cited by2 opinions
- Hart v. WrightNew York Supreme Court · 1837
- Dezell v. OdellNew York Supreme Court · 1842