Moore v. Tracy
New York Supreme Court
Error from the Otsego common pleas. Tracy sued W. & A. Moore before a justice of the peace, and declared against them in an action on the case, charging them with having entered into a conspiracy with one John Van Valkenburgh, a person destitute of property, to the following effect: That Van Valkenburgh should buy and obtain of the plaintiff, or of any other person of whom he might obtain the same, various articles of goods and chattels, under the pretence of a fair and bona…
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Error from the Otsego common pleas. Tracy sued W. & A. Moore before a justice of the peace, and declared against them in an action on the case, charging them with having entered into a conspiracy with one John Van Valkenburgh, a person destitute of property, to the following effect: That Van Valkenburgh should buy and obtain of the plaintiff, or of any other person of whom he might obtain the same, various articles of goods and chattels, under the pretence of a fair and bona fide purchase, but not intending to pay for the same; and that the goods so obtained should be delivered into the…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to to think the errors appearing on the face of the record may be disregarded by the court as clerical or matters of form, not affecting the right or justice of the case. The mistake in the plácito. is obviously of that description ; it is the term of February, 1829, and states the court to have been held on the second Tuesday of that month, whereas it appears from the justice’s return, which constitutes a part of the record, that the original process was not issued by him until the 2d October, 1829, and the memorandum shows that the cause was not…
2Cases cited1 opinion
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
3Cited by18 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Place v. . MinsterNew York Court of Appeals · 1875
- Harger v. . WorrallNew York Court of Appeals · 1877
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