Hurd v. West
New York Supreme Court
On error from the court of 0. P. of the county of Washington. The errors assigned were founded on exceptions ia-^en at ^e trial in the court below, on the 4th of March, 1824; and which came here on a bill of exceptions present-ingj in connection with the record, these facts: The action jn court below was trespass by West, against Hurd, for , . . „ , * - . , taking a number of sheep.
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On error from the court of 0. P. of the county of Washington. The errors assigned were founded on exceptions ia-^en at ^e trial in the court below, on the 4th of March, 1824; and which came here on a bill of exceptions present-ingj in connection with the record, these facts: The action jn court below was trespass by West, against Hurd, for , . . „ , * - . , taking a number of sheep. The plaintiff *below proved on the trial, that on the 27th of March, 1822, he purchased 23 sheep of Gideon Dayton, and gave his note, which was immediately transferred by Dayton to Robert I. Law in part payment of…
1Opinion of the Court
Curia, per Woodworth, J.
There was no well founded objection to the form of the action. The plaintiff did not consent to the taking, but forbade it. It is true, there is the appearance of a negotiation, commenced respecting the property, in which it was agreed to call on Law; but this was not carried into effect, by reason of the refusal of the defendant below. Thus the parties were left in the same situation as before the proposition was made. At most, it was only the incipient step towards an accommodation; and, of itself, was neither an acknowledgment of bright in the defendant below, nor…
2Cases cited2 opinions
- Alexander v. MahonNew York Supreme Court · 1814
- Seymour v. BrownNew York Supreme Court · 1821
3Cited by25 opinions
- Mims v. MitchellTexas Supreme Court · 1846
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Sexton v. GrahamSupreme Court of Iowa · 1880
- Caldwell v. WilliamsIndiana Supreme Court · 1849
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