Connah v. Hale
New York Supreme Court
Error from the New-York C. P. Hale sued Connah in the New-York comm'on pleas, in an action of trover, for 18 rotary pumps taken by a constable by the direction of Connah, under a distress warrant for rent due from one Lovell. The pumps at the time of the distress were in the counting room of Lovell, who occupied a part of a store as the tenant of Connah. The distress was made in February, 1838, and in the course of the same month this action was brought.
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Error from the New-York C. P. Hale sued Connah in the New-York comm'on pleas, in an action of trover, for 18 rotary pumps taken by a constable by the direction of Connah, under a distress warrant for rent due from one Lovell. The pumps at the time of the distress were in the counting room of Lovell, who occupied a part of a store as the tenant of Connah. The distress was made in February, 1838, and in the course of the same month this action was brought. Hale, at various times within a year previous to the distress, had been in the habit of depositing pumps in 'the [ *468 ] store of Lovell,…
1Opinion of the CourtCowen, J.
By the Court, several exceptions were taken below and most of them repeated here. The counsel for the plaintiff in error insists that, since the revised statutes requiring the intervention of an officer to distrain, trover will not lie for an illegal distress against the landlord. Indeed, it is insisted that trover would not lie either against the party or officer, even before the revised statutes, for the act of taking goods under colour of legal process; because they .were deemed to be in the custody of the law. And especially since the revised statutes, where goods are distrained, it is…
2Cases cited5 opinions
- Gold v. BissellNew York Supreme Court · 1828
- Wall v. OsbornNew York Supreme Court · 1834
- Phillips & Brown v. HallNew York Supreme Court · 1832
- Watt v. PotterU.S. Circuit Court for the District of Rhode Island · 1820
- Brown v. SimsSupreme Court of Pennsylvania · 1828
3Cited by39 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Pease v. . SmithNew York Court of Appeals · 1875
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Gillet v. . RobertsNew York Court of Appeals · 1874
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