Davis v. . Bowe
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made December 7, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action for false imprisonment.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made December 7, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action for false imprisonment. During the three years ending with December 31, 1882, the defendant was sheriff of the city and comity of New York, and, as such, in August of that year received an execution issued against the person of the plaintiff, which, after reciting the recovery of a judgment in the Marine Court by…
1Opinion of the CourtVann, J.
Upon the trial of this action the court in its charge to the jury said : “The plaintiff offered evidence to
show that some time before the re-arrest, a notice was given that you have heard read here, signed by the attorney for the opposite party, directing the sheriff to discharge the plaintiff from arrest under the execution. I will hold here, for the purposes of this action, that that notice was sufficient to entitle the jilaintiff to a discharge, providing that such notice was left with the sheriff and not withdrawn, and that is the first question that you are to determine here.” The…
2Cases cited5 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Beers v. . HendricksonNew York Court of Appeals · 1871
- Simonton v. BarrellNew York Supreme Court · 1839
- Shackleton v. HartNew York Supreme Court · 1860
3Cited by10 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1897
- Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Lowry v. ThompsonCourt of Appeals of Georgia · 1936
- Massimino v. MassiminoNew York Supreme Court · 1957
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