Bleakley v. White
New York Court of Chancery
This case came before the court upon the defendant’s plea to a creditor’s bill. It appeared from the plea that the present defendant sued the complainant as captain of one of the watch districts in the city of New-York, for false imprisonment. That he failed in his suit, and judgment was given against him for $238,18 costs.
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This case came before the court upon the defendant’s plea to a creditor’s bill. It appeared from the plea that the present defendant sued the complainant as captain of one of the watch districts in the city of New-York, for false imprisonment. That he failed in his suit, and judgment was given against him for $238,18 costs. A fi. fa. upon the judgment having been returned unsatisfied, the complainant petitioned the corporation for remuneration for his expenses, and be was allowed the amount of taxed costs and his counsel fees, but without interest. The payment thus made by the corporation was…
1Opinion of the Court
The Chancellor.
The plea of the defendant is clearly bad. It is evident from the facts stated in the plea that the corporation did not make this payment for the benefit of the defendant, but as a gratuity to its officer for the loss he was supposed to have sustained in consequence of an act done in the discharge of his duty. The payment of this amount, without any agreement, either express or implied, that the judgment was to be assigned to, or holden for the benefit of the corporation, gave the corporation no equitable claim upon the defendant; though they may have a claim upon the…
2Cases cited1 opinion
- Clow v. BorstNew York Supreme Court · 1810
3Cited by13 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Muller v. . EnoNew York Court of Appeals · 1856
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Knapp v. . RocheNew York Court of Appeals · 1884
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
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