Harft v. McDonald
New York Marine Court
The plaintiff, who is the lessee of premises known as numbers 116 and 118 Greene street, in the city of New York, brought this action against the defendant, for illegally, maliciously and with force breaking into and entering upon said premises, to the plaintiff’s alleged damage, $2,000. The defendant, by way of justification, pleads that what he did was lawfully done in virtue of his office as one of the captains of the municipal police, in recapturing an escaped prisoner,…
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The plaintiff, who is the lessee of premises known as numbers 116 and 118 Greene street, in the city of New York, brought this action against the defendant, for illegally, maliciously and with force breaking into and entering upon said premises, to the plaintiff’s alleged damage, $2,000. The defendant, by way of justification, pleads that what he did was lawfully done in virtue of his office as one of the captains of the municipal police, in recapturing an escaped prisoner, and that the damage, which was trifling, was done in the necessary and proper discharge of his duty. The justice who…
1Opinion of the CourtMcAdam, J.
The evidence upon the part of the defendant proved that the dwelling where the alleged trespass was committed was one of a number of disreputable houses, inhabited by lascivious women, who gave obscene exhibitions, and solicited men from the street for immoral purposes, to the great annoyance of respectable people residing in, or having occasion to pass through the neighborhood. That on January 14, 1876, while the defendant was passing said premises, he was solicited to enter by one of the female occupants who was sitting at the window, that he started up the stoop, and the woman came down…
2Cases cited2 opinions
- Gold v. BissellNew York Supreme Court · 1828
- Schmeider v. McLaneNew York Supreme Court · 1862