Merritt v. Read & Pearsall
New York Supreme Court
Trespass for taking a horse, tried at the Westchester circuit, in November, 1844, before Ruggles, late Cir. J. The defendant Read as a justice of the peace, on the application of Pearsall, the other defendant, issued an attachment against the plaintiff, assuming to do it under the act to abolish imprisonment for debt, on the ground that the plaintiff had disposed of his property with intent to defraud his creditors; but he neglected to take any bond, and the affidavit was…
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Trespass for taking a horse, tried at the Westchester circuit, in November, 1844, before Ruggles, late Cir. J. The defendant Read as a justice of the peace, on the application of Pearsall, the other defendant, issued an attachment against the plaintiff, assuming to do it under the act to abolish imprisonment for debt, on the ground that the plaintiff had disposed of his property with intent to defraud his creditors; but he neglected to take any bond, and the affidavit was fatally defective. Pearsall, the plaintiff in the attachment, delivered it to Tyler, who was a deputy sheriff and nota…
1Opinion of the Court
By the Court, McKissock, J.
There was no question on the evidence but that the plaintiff owned the horse. He purchased him of the defendant Pearsoll, and there was no ground for saying that the title did not pass, because a payment was not made as had been agreed.
This brings us to the only question worthy of consideration in the case. Can the verdict against Read be sustained ? He neglected to take the bond of the plaintiff in the attachment as prescribed by the statute. The preliminary affidavit was also defective in not stating the facts and circumstances to show that Merritt was about to…
2Cases cited1 opinion
- Smith v. LuceNew York Supreme Court · 1835
3Cited by6 opinions
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Vredenburgh v. HendricksNew York Supreme Court · 1853
- Pratt v. HillNew York Supreme Court · 1853
- United Lines Telegraph Co. v. GrantNew York Court of Appeals · 1893
- Mygatt v. WashburnNew York Court of Appeals · 1857
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