Jackson v. Daggett
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon an order dismissing the complaint, made at the Circuit, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. It is not true that actions for damages for torts are not assignable. All snch actions which grow ont of wrongs affecting property survive and are assignable. For example: A right of action for fraud in obtaining a deed.
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Appeal from a judgment in favor of the defendants, entered upon an order dismissing the complaint, made at the Circuit, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. It is not true that actions for damages for torts are not assignable. All snch actions which grow ont of wrongs affecting property survive and are assignable. For example: A right of action for fraud in obtaining a deed. (McMahon v. Allen, 35 N. Y., 403.) For misapplying funds. (Grocers’ National Bank v. Clark, 48 Barb., 26.) An action for the conversion…
1Opinion of the Court
Dykman, J.:
This action is against the defendants as sheriff and deputy sheriff of Kings county, for the recovery of damages for failure to return an execution against property within the time required by law, and for a false return. The plaintiff is the assignee of the cause of action, and at the close of the testimony on this part on the trial, the complaint was dismissed on the ground that the cause of action was not assignable, and the plaintiff could not, therefore, maintain this action. An exception was taken to this ruling, and the first question for examination is thus presented. .
The…
2Cases cited5 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Leggett v. . HydeNew York Court of Appeals · 1874
- Haight v. . HaytNew York Court of Appeals · 1859
- Dininny v. FayNew York Supreme Court · 1862
- Paine v. UlmerMassachusetts Supreme Judicial Court · 1811