Chapman v. Fuller
New York Supreme Court
Error to the late common pleas of Clinton county. Chapman sued Fuller and Wark before a justice in trespass de bonis asportatis, for a stove. The defendants pleaded the general issue, and gave notice that they would justify under a judgment and execution in favor of one Conant against Chapman, which was rendered for the purchase money of the stove.
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Error to the late common pleas of Clinton county. Chapman sued Fuller and Wark before a justice in trespass de bonis asportatis, for a stove. The defendants pleaded the general issue, and gave notice that they would justify under a judgment and execution in favor of one Conant against Chapman, which was rendered for the purchase money of the stove. The judgment was recovered in a justice’s court on the 27th day of June, 1845, for over $40, and the execution was issued thereon to Wark, a constable, on the 2d day of Oct. 1845. On the execution was indorsed, “ Levied within on a threshing…
1Opinion of the Court
By the Court, Hand, J.
It is not necessary, in the view I have taken of this cause, to discuss the point whether it was competent for the plaintiff in this action to show that the return of the constable, that the property was on hand for want of bidders, was false. (The People v. Hopson, 1 Denio, 579. Glover v. Whittenhall, 2 Id. 633. Browning v. Hanford, 7 Hill, 120. Putnam v. Man, 3 Wend. 202. Townsend v. Olin, 5 Id. 207. Evans v. Parker, 20 Id. 622. Weeks v. Ellis, 2 Barb. S. C. Rep, 320. Cowen & Hill’s Notes, 1085,1087, 8, 9, 1090.) The charge of the justice, that the execution could not…
2Cases cited5 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Putnam v. ManNew York Supreme Court · 1829
- Brown & Hotchkiss v. CookNew York Supreme Court · 1812
- Wickham v. MillerNew York Supreme Court · 1815
- Visger v. WardNew York Supreme Court · 1828
3Cited by6 opinions
- Ragan v. Tri-County Excavating, Inc.Court of Appeals for the Third Circuit · 1995
- Di Lodovico v. Dotson, New York County Courts1958
- Hoffman v. Ætna Fire InsuranceThe Superior Court of New York City · 1863
- Workman v. Bolen, New York County Courts1971
- Blumburg v. BriggsSuperior Court of Buffalo · 1887
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