Farrington v. Payne
New York Supreme Court
IN ERROR, on certiorari to a justice’s court, This was an action of trover between the same parties as *n T>e preceding case, to which the same justification was pleaded. The cause was adjourned, by consent, and at the adjourned day, the defendants below asked for a second ad- . J journment, and offered to give security, and to swear that they could not safely proceed to trial for want of a material witness; -but they refused to name the witness, or to say where he resided."
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IN ERROR, on certiorari to a justice’s court, This was an action of trover between the same parties as *n T>e preceding case, to which the same justification was pleaded. The cause was adjourned, by consent, and at the adjourned day, the defendants below asked for a second ad- . J journment, and offered to give security, and to swear that they could not safely proceed to trial for want of a material witness; -but they refused to name the witness, or to say where he resided." The justice denied a further adjournmpnf The defendants then pleaded, that since issue had been jeined in this cause,…
1Per curiam
The justice decided correctly in refusing second adjournment, as there was no proof of due dili§ence> an¿ as the party refused to explain who, or where, the'witness was.
Upon the main question of this cause, we are clearly of opinion, that the judgment in the first suit was a bar to the plaintiff’s claim in this action. The only evidence of a conversion was the tortious taking under the attachment. The seizure of the bed, and the bed-quilts which then lay on the bed, was one single indivisible act, and the plaintiff ought not to he permitted to vex the defendants, by splitting up his claim for…
2Cited by36 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Adams v. PearsonIllinois Supreme Court · 1952
- Griffin v. WallaceIndiana Supreme Court · 1879
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