Greenly v. Hopkins
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The suit was brought to recover the moiety of the costs of the defence of an action against the defendant as a deputy sheriff, for selling certain property by virtue of an execution in favor of the plaintiff.
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This was an action of assumpsit, tried at the Madison circuit in September, 1830, before the Hon. Nathan Williams, one of the circuit judges. The suit was brought to recover the moiety of the costs of the defence of an action against the defendant as a deputy sheriff, for selling certain property by virtue of an execution in favor of the plaintiff. The defendant in that action obtained a verdict, and double costs were awarded, which were taxed at $110,96 ; an execution for the collection thereof was issued, on which one half of the sum was received by the defendant on the 1st October, 1821,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In the case of The People v. Gasherie, 9 Johns. R. 71, which was an action against the executrix of a loan officer who had retained monies received by him in his official character, the question was raised whether the defendant should be charged with interest. The court, after referring to several cases, say : “ It is agreeable to the principle of these decisions, and it is just and reasonable in itself, that the defendant who retains and converts the money of another to his own use, should pay interest for that use.” This decision was approved in Reid v. The…
2Cited by2 opinions
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