Mead v. Haws
New York Supreme Court
Assault and battery, and false imprisonment; tried at the Columbia circuit, October 7th, 1824, before Wal^qRTH, C. Judge. At the trial, the plaintiff proved that, as he was leading a horse at the carriage of a cannon, which he and others were taking from Hudson to Taghanick, he was arrested by Haws, the defendant, a constable of the city of Hudson, delivered him into the custody of another of the defendants, Colver.
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Assault and battery, and false imprisonment; tried at the Columbia circuit, October 7th, 1824, before Wal^qRTH, C. Judge. At the trial, the plaintiff proved that, as he was leading a horse at the carriage of a cannon, which he and others were taking from Hudson to Taghanick, he was arrested by Haws, the defendant, a constable of the city of Hudson, delivered him into the custody of another of the defendants, Colver. The arrest was by virtue of a warrant favor of Pultney, the other defendant. The defendants offered to prove that the plaintiff, with others, having taken a brass cannon from the…
1Opinion of the Court
Curia, per Savage, Ch. J.
The judge was correct. It was decided in Shadgett v. Clipson, (8 East, 328,) that the defendant could not justify an arrest of the plaintiff by a wrong name, though he was the person intended to be arrested, unless it was shown that he was known by one name as well as the other. There was no offer to show *333here, that the plaintiff was known as well by the name of John Doe as Levi Mead. The same principle is recognized in various other cases; (2 Campb. 270; 3 id. 110; 6 T. R. 234;) and, particularly, in the late case of Griswold v. Sedgwick, (6 Cowen, 456,) in which the…
2Cited by11 opinions
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