Foster v. Pettibone
New York Supreme Court
APPEAL by the plaintiff, from a judgment entered at a special term, upon the report of a referee. The action was trespass for taking a quantity of flour. The referee nonsuited the plaintiff, on the ground that the defendant having acted in the premises by the command of a writ of replevin, was justified thereby, and was not liable to the plaintiff in this action. The opinion of the court states all the facts that are material.
1Opinion of the CourtT. R. Strong, J.
This is an action of trespass, commenced before the code, for the taking by the defendant, of a quantity of flour, the property of the plaintiff. The defendant, at the time of the taking, was sheriff of the county of Cayuga, and took the flour from the possession of one Baker, under and by virtue of a writ of replevin, issued in a suit in favor of one Brown against Baker, directed to him, and requiring him to take the property. The writ is not set forth in the case, but it is stated that it required the defendant to take the flour, “ as the property of the said John G. Brown.” I understand…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Shipman v. ClarkNew York Supreme Court · 1847
- Spencer v. M'GowenNew York Supreme Court · 1835
- Stimpson v. ReynoldsNew York Supreme Court · 1852
3Cited by14 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Rogers v. . WeirNew York Court of Appeals · 1866
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Foster v. . PettiboneNew York Court of Appeals · 1852
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