Corwin v. . Freeland
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the sixth district, where a judgment rendered for the plaintiff, in a case tried before the court, without a jury, had been affirmed. (Reported below, 6 How.
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Appeal from the general term of the Supreme Court, in the sixth district, where a judgment rendered for the plaintiff, in a case tried before the court, without a jury, had been affirmed. (Reported below, 6 How. Pr. 241.) This was an action for false imprisonment brought by Corwin, the plaintiff, a merchant of Ithica, in Tompkins county, against the defendants, merchants in the city of New York, for an alleged illegal arrest and detention on final process. * Kfii i *The answer set up, by way of justification, ® J that on or about the 8th day of April 1850, the defendants commenced an action…
1Opinion of the CourtWatson, J.
— As this cause was tried by the court, and. decided upon the pleadings, a brief reference to them is all that will be necessary to show the points raised and decided at the general term. (After stating the pleadings, the learned judge continued :)< The question presented is, do the facts set forth in the answer constitute a defence to the action ?
Section 179, sub. 4, of the code, provides, that, “ when the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought,” he may be arrested. The arrest is to be on a judge’s order,…
2Cases cited1 opinion
- Cheney v. GarbuttNew York Supreme Court · 1851
3Cited by6 opinions
- Burns v. NewmanAppellate Division of the Supreme Court of the State of New York · 1948
- Mather v. HannaurNew York Supreme Court · 1878
- Banning v. RoyOregon Supreme Court · 1905
- Shearman v. HartNew York Court of Common Pleas · 1862
- Bamberg v. SternNew York Marine Court · 1877
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