Finch v. Cleveland
New York Supreme Court
This action was commenced before a justice in St. Lawrence county, in May, 1849, and was tried on tbe 28tb of that month. The plaintiff complained against the defendants for the taking and converting one grain cradle and scythe, about the 11th of May, 1849, at Stockholm, St. Lawrence county, the property of the plaintiff, to his damage ten dollars. The defendants severed in their pleading.
Read the full summary
This action was commenced before a justice in St. Lawrence county, in May, 1849, and was tried on tbe 28tb of that month. The plaintiff complained against the defendants for the taking and converting one grain cradle and scythe, about the 11th of May, 1849, at Stockholm, St. Lawrence county, the property of the plaintiff, to his damage ten dollars. The defendants severed in their pleading. Humphrey and Webster denied the taking, and if taken, they justified as trustees of school district No. 2, in Stockholm, alledging that the property was taken by virtue of a warrant to collect a rate-bill…
1Opinion of the Court
By the Court, Willard, P. J.
The justice committed no error in allowing Webster and Humphrey to be each examined in behalf of the other. The action was one in which the acquittal of one defendant did not necessarily lead to the discharge of the other. Under the former classification of actions, it was trespass or trover. It presented a case therefore, in which the code contemplates the examination of a defendant for his co-defendant. {Code, § 397.) The examination of one of these defendants was not used in behalf- of himself, as it necessarily must have been in a case of a joint contract. It…
2Cases cited7 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Baker v. FreemanNew York Supreme Court · 1832
- Butler v. PotterNew York Supreme Court · 1819
- Henderson v. BrownNew York Supreme Court · 1803
- Alexander v. HoytNew York Supreme Court · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gillis v. SpaceNew York Supreme Court · 1872
- McCutchen v. WindsorSupreme Court of Missouri · 1874
- Hill v. Sellick & HandNew York Supreme Court · 1855
- Swartwood v. WalbridgeNew York Supreme Court · 1890
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.