Gould v. Warner
New York Supreme Court
Error from the New-York common pleas, Warner, as assignee of the sheriff of New-York, declared in the court of COmmon pleas against Gould, Banks and Gumming, of a plea, that they render to him $1740, for that whereas the plaintiff on 0th of February, 1827, at the first ward of the city of New-York, in a certain store, distrained the goods and chattels °f Edward B. Gould, one of the defendants, for a certain sum, due him for rent; that E. B. Gould posecuted a plaint in…
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Error from the New-York common pleas, Warner, as assignee of the sheriff of New-York, declared in the court of COmmon pleas against Gould, Banks and Gumming, of a plea, that they render to him $1740, for that whereas the plaintiff on 0th of February, 1827, at the first ward of the city of New-York, in a certain store, distrained the goods and chattels °f Edward B. Gould, one of the defendants, for a certain sum, due him for rent; that E. B. Gould posecuted a plaint in replevin for the talcing of the goods ; that the sheriff took a bond from the defendants in double the value of the goods (the…
1Opinion of the Court
By the Court,
Makcy, J.. The principal questions m this cage re]ate t0 alleged defects in the declaration. The plaintiffs in error seem to have applied to it the rules of pleading in a replevin suit, and to have confounded them with those relating to suits on replevin bonds.
It was not, I apprehend, at all necessary for the plaintiff below to aver in his declaration the making of an affidavit of the amount of rent due, as required by the act concerning distresses for rent in the city of New-York, (Statutes, vol, 3," 1§6 c.) In an avowry in a replevin suit it may be necessary, but not in…
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