Rea v. Smith
New York Supreme Court
This was an action of trover, tried at the Columbia circuit in September, 1835, before the Hon. James Vanderpoel, then one of the circuit judges. The suit was brought for the taking of horses and other chattels claimed by the plaintiff to have been purchased by him of one Peter Merrifield. The defendant justified the taking as a constable by virtue of two executions against Merrifield, alleging the sale to the plaintiff to have been fraudulent.
Read the full summary
This was an action of trover, tried at the Columbia circuit in September, 1835, before the Hon. James Vanderpoel, then one of the circuit judges. The suit was brought for the taking of horses and other chattels claimed by the plaintiff to have been purchased by him of one Peter Merrifield. The defendant justified the taking as a constable by virtue of two executions against Merrifield, alleging the sale to the plaintiff to have been fraudulent. To prove the fraud, the defendant called Merrifield as a witness, and executed to him a release, “ from (as stated in the bill of exceptions) all…
1Opinion of the Court
*294 By the Court,
Nelson, Ch. J.
The only question worthy 0f not¡ce jn this case, is whether Merrifield, after the release from the defendant, was a competent witness.
The action was trover against the defendant, a constable, for taking the property on executions against the witness; the plaintiff claiming it by virtue of a previous purchase from him, but which the defendant alleged was fraudulent. Merrifield was called to prove the fraud. Aside from the question of fraud, he would seem to have been indifferent, for then, in any event of the cause, he stood responsible to the losing party, either…
2Cited by7 opinions
- Nichols v. PattenSupreme Judicial Court of Maine · 1841
- Gardenier v. TubbsNew York Supreme Court · 1839
- Leach v. KelseyNew York Supreme Court · 1849
- Sawyer v. WareSupreme Court of Alabama · 1860
- Ellis v. WardMississippi Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.