Judson v. Cook
New York Supreme Court
This was a motion to set aside a nonsuit, granted at the Chemung circuit, in June, 1849; and the only question to be determined was whether the evidence given by the plaintiff was sufficient to connect the defendant with the taking or detaining the goods of the plaintiff, for which the action was brought. The facts were these.
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This was a motion to set aside a nonsuit, granted at the Chemung circuit, in June, 1849; and the only question to be determined was whether the evidence given by the plaintiff was sufficient to connect the defendant with the taking or detaining the goods of the plaintiff, for which the action was brought. The facts were these. The plaintiff was sheriff of Chemung county, and as such had levied on the goods in question, by virtue of an execution in favor of one Hotchkiss and against Alex’r Cornell and William H. Holmes. Subsequently the defendant, who was president of the Chemung Canal Bank,…
1Opinion of the Court
By the Court,
Shankland, J.
For the purposes of this motion to set aside the nonsuit, it must be taken for granted that the plaintiff had consummated a levy by virtue of the execution in his hands, and was legally entitled to the possession of the goods, and that the taking and conversion by McCann, under the attachment and execution in favor of the bank, was tortious:
*644The admitted rule of law is, that all who aid, command, advise or countenance the commission of a tort by another, or who approve of it after it is done, if done for their benefit, are liable in the same manner as they would be if…
2Cases cited3 opinions
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3Cited by11 opinions
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- Vidal v. ErrolSupreme Court of New Hampshire · 1932
- Perkins v. McCulloughOregon Supreme Court · 1899
- Oatka Cemetery Ass'n v. CazeauAppellate Division of the Supreme Court of the State of New York · 1934
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