Sturtevant v. Ballard
New York Supreme Court
THIS was an action of trespass. The declaration contained several counts; qume clausum fregit, de- bonis asportatis, &c.
Read the full summary
THIS was an action of trespass. The declaration contained several counts; qume clausum fregit, de- bonis asportatis, &c. The cause was tried at the Courtlandt circuit, before the Chief Justice, in June, 1811. On the 2d August, 1810, one Meeker obtained a judgment against Nicholas Bolt, for 310 dollars; and a fieri facias for 177 dollars, on the said judgment, was delivered to the defendant, as sheriff, on the 28th November, 1810, and on the same day, the defendant went to the shop of Holt, who was a blacksmith, and levied on the articles in question, which were blacksmith’s tools. On the…
1Opinion of the Court
Kert, Ch. J. delivered the opinion of the court»
This case is not of much moment, in respect to the amount of property, but it is very important, as to the principle involved in the decision.
■ The facts lie in a narrow compass. Mecker, on the 2d of August, 1810, obtained judgment against Holt. On the 29th of August, Holt sold his goods and chattels (being a quantity of blacksmith’s tools) to the plaintiffs, partly for cash, and partly to . satisfy a debt due to them. The articles were specified in the bill of sale, and the bill contained an agreement, that Holt was to retain the use and…
2Cases cited3 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
- Water's Executors v. McLellanSupreme Court of the United States · 1800
3Cited by28 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Bissell v. HopkinsNew York Supreme Court · 1824
- Springer v. DroschIndiana Supreme Court · 1870
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
23 more not listed; retrieve them via the Exa API.