Boughton v. Bruce
New York Supreme Court
Error from the New-York common pleas. Boughton sued Bruce in an action of replevin in the detinet, for three promissory notes delivered to the defendant as collateral security for the payment of another note made by the plaintiff to the defendant on an usurious agreement. The plaintiff proved a demand of the notes for which the action was brought, and a refusal by the defendant to deliver them up.
Read the full summary
Error from the New-York common pleas. Boughton sued Bruce in an action of replevin in the detinet, for three promissory notes delivered to the defendant as collateral security for the payment of another note made by the plaintiff to the defendant on an usurious agreement. The plaintiff proved a demand of the notes for which the action was brought, and a refusal by the defendant to deliver them up. It appeared that previous to the demand, the plaintiff had procured a special deputation to the person who served the writ, who went with him to witness the demand, and after the demand and refusal,…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The only material question in this case is, whether the demand was made before the suit was commenced. The writ was made out, and a special deputation procured from the sheriff, and then retained by the plaintiff until after the demand and refusal, when it was put into the hands of the special deputy, with directions to serve it. It is contended by the defendant, that the sheriff could not have legally constituted a special deputy, unless the writ had been put into his hands for execution. If he could, it is clear enough that the plaintiff did not intend the…
2Cited by6 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Mutual Savings Fund Harmonia v. GunneSupreme Court of New Jersey · 1933
- Bachmann-Bechtel Brewing Co. v. GehlAppellate Division of the Supreme Court of the State of New York · 1913
- Marsh v. WyckoffThe Superior Court of New York City · 1863
- Updike v. BroeckSupreme Court of New Jersey · 1866
1 more not listed; retrieve them via the Exa API.