Snider v. Croy
New York Supreme Court
This was an action of trespass. The plaintiffs declared that tfie defendant, on the 1st of June, 1804, at Ho-sick, with force and arms, did tie and fasten certain boards and billets of wood to the tail of a bay mare, the property of the testator, in his life-time, and of the value of one huudred dollars, by means whereof the mare died, &c.
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This was an action of trespass. The plaintiffs declared that tfie defendant, on the 1st of June, 1804, at Ho-sick, with force and arms, did tie and fasten certain boards and billets of wood to the tail of a bay mare, the property of the testator, in his life-time, and of the value of one huudred dollars, by means whereof the mare died, &c. The defendant pleaded a former recovery in the court of common pleas, of the county of Rensselaer, by the testator himself, for the same trespass, in February, 1805. The plaintiff repliéd, protesting that the trespass alleged in the declaration, in the two…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.
The first question in this case is, whether the executors are entitled to añ action of trespass for the injury alleged.
The statute, (Laws, vol. I. 536.) gives to executors an action of trespass for taking and carrying away the goods of their testator in his life-time. This statute was borrowed from 4 E. hi. c. 7. which had made a similar provision ; and by the equity and liberal construction of that statute, it has been extended to almost every injux-ydone to the personal estate of the testator before his death. {Toller'' s Law of Ex. 121. 345.)…
2Cited by51 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
- Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- Trustees of the Freeholders & Commonalty v. KirkNew York Court of Appeals · 1881
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