Lansing v. Fleet
New York Supreme Court
This was an action of debt, brought by the plaintiff, as late sheriff of the city and county of New York, against the defendant, one of his deputies, on his bond of indemnity, for an escape. The cause was tried at the July circuit, in 1799, before Mr. Justice Benson. At the trial, the following facts appeared in evidence.
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This was an action of debt, brought by the plaintiff, as late sheriff of the city and county of New York, against the defendant, one of his deputies, on his bond of indemnity, for an escape. The cause was tried at the July circuit, in 1799, before Mr. Justice Benson. At the trial, the following facts appeared in evidence. On the 8th May, 1798, a ca. set. issued on a judgment in this court, in favor of William Journey against John B. Hicks which was delivered to Merritt, one of the deputies of the plaintiff, who, on the same day, arrested Hicks, and voluntarily suffered him to go at large,…
1Opinion of the CourtRadcliff, J.
The fact that Hicks consented to the second arrest, on the I Oth May, does not, I think, solely depend on the express testimony of Merritt. The circumstance that on that day he was in the actual custody of Merritt, and also of the defendant, without any resistance on the ground of their want of authority to hold him, is alone presumptive evidence that he had submitted to that arrest. As there is nothing to countervail this presumption, the objection against the competency of Merritt as a witness, appears to me unimportant and unnecessary to be considered.
The principal question is, whether,…
2Cases cited1 opinion
- Littlefield v. BrownNew York Supreme Court · 1828
3Cited by12 opinions
- People Ex Rel. Wolfe v. . JohnsonNew York Court of Appeals · 1921
- Kruse v. KingsburyMichigan Supreme Court · 1894
- Cortis v. DaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Mutual Savings Fund Harmonia v. GunneSupreme Court of New Jersey · 1933
- Hoagland v. State ex rel. SchrieberIndiana Court of Appeals · 1895
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