Browning v. Abrams
New York Supreme Court
Motion to vacate and set aside order' of arrest. The plaintiffs, who were manufacturers of men’s clothing, gave out to the defendant, a journeyman tailor, in the month of May, 1875, 138 cassimere coats, with the usual trimmings, linings, &e., requisite and necessary to .make the same, and of the value of $700. The defendant took said goods into his possession, and failed and refused to return the same as he agreed.
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Motion to vacate and set aside order' of arrest. The plaintiffs, who were manufacturers of men’s clothing, gave out to the defendant, a journeyman tailor, in the month of May, 1875, 138 cassimere coats, with the usual trimmings, linings, &e., requisite and necessary to .make the same, and of the value of $700. The defendant took said goods into his possession, and failed and refused to return the same as he agreed. That said defendant sold all said goods, materials, linings, &c., and converted and appropriated the proceeds to his own use, without the knowledge or consent of the plaintiffs,…
1Opinion of the CourtBarrett, J.
—I am satisfied as a matter of fact, that the plaintiffs did not cause the defendant to be brought here with a view to his arrest cvoiliter / their sole intent was criminal punishment. This being so, Adriance agt. Lagrave (59 N. Y. R., 110) is authority for sustaining the arrest, for there it was said—following 14 Abbt. N. S., 333 (note) —that persons bringing the party within the jurisdiction in bad faith, for the purpose of a civil arrest, should not receive any advantage from their wrongful acts; but this rule does not apply to persons not concerned in the device. It may well be assumed…
2Cited by7 opinions
- In re HendersonNorth Dakota Supreme Court · 1914
- Hackney v. WelshIndiana Supreme Court · 1886
- Thermoid Co. v. FabelNew York Court of Appeals · 1958
- Rosenblatt v. RosenblattNew York Supreme Court · 1920
- Higgins v. DeweyCity of New York Municipal Court · 1890
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