Smith v. . Knapp
New York Court of Appeals
This action was brought -by the plaintiff against the defendant as late sheriff of Cayuga county, for the escape of one James E. Reynolds, who had been arrested by said defendant by virtue of an order of arrest, duly issued, in a suit brought by the plaintiff against said Reynolds.
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This action was brought -by the plaintiff against the defendant as late sheriff of Cayuga county, for the escape of one James E. Reynolds, who had been arrested by said defendant by virtue of an order of arrest, duly issued, in a suit brought by the plaintiff against said Reynolds. The facts are substantially as follows, viz: In February, 1854, the plaintiff commenced an action against the above named James R. Reynolds, in the complaint in which were set forth five separate causes of action. The first was for money fraudulently applied to the .use of said Reynolds, while acting as the…
1Opinion of the Court
Mullin, J..
This court decided, in Corwin v. Freeland (2 Seld. 560), that a defendant ivas legally arrested on a ca. sa. issued after judgment in a cause in which an order of arrest had been obtained and an arrest made before, judgment, and which order.had not been vacated before the arrest on the ca. sa. The action, in that-case, was on contract, and the ground of the arrest was fraudulently contracting the debt.
In -the case now before us, the action was on contract, and the ground of arrest was the embezzlement of the plaintiff’s money by Reynolds, while acting as agent for him. An order of…
2Cases cited1 opinion
- Humphrey v. BrownNew York Supreme Court · 1859
3Cited by23 opinions
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Elwood v. . GardnerNew York Court of Appeals · 1871
- Erisman v. McCartySupreme Court of Colorado · 1925
- Bensel v. . LynchNew York Court of Appeals · 1870
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