Ward v. Shaw
New York Supreme Court
Error from the superior court of the city and county of New-York. Ward sued Shaw in an action of trover for two oxen, being fat cattle, taken by him as sheriff out of the possession of one Crawbuck, by virtue of an execution in favor of one Platt.
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Error from the superior court of the city and county of New-York. Ward sued Shaw in an action of trover for two oxen, being fat cattle, taken by him as sheriff out of the possession of one Crawbuck, by virtue of an execution in favor of one Platt. The oxen came into the possession of Crawbuck under these circumstances: he was a butcher, and agreed to purchase them of Ward at $7,50 for each 100 wt. which the quarters should weigh when slaughtered, he to take the cattle into his possession, prepare them for slaughtering, slaughter them in the week in which the contract was made, and when…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is whether Crawbuck had an interest in the cattle which could be sold on execution. The sheriff and the plaintiff in the execution are possessed of the rights of Crawbuck, and no more. Had Crawbuck sold the cattle to a purchaser for valuable consideration, without notice of the terms on which he possessed them, other considerations might prevail; but in this case no new credit has been given to Crawbuck in consequence of his having the cattle in his possession. Platt’s debt accrued antecedent to the transaction in question, and of course was not…
2Cases cited2 opinions
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