Burrows v. Stoddard
Supreme Court of Connecticut
THIS was an action of trespass, for taking and carrying away certain cattle from the plaintiffs possession. The cause was tried at New-London, January term, 1819, before Swift. Ch. J. and Brainard and Chapman, Js. The plaintiff, being a creditor of William Hempstead, who was insolvent, on the 25th of December, 1817, caused the property described in the declaration to be attached, by a writ in his, the plaintiff’s name, against said Hempstead.
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THIS was an action of trespass, for taking and carrying away certain cattle from the plaintiffs possession. The cause was tried at New-London, January term, 1819, before Swift. Ch. J. and Brainard and Chapman, Js. The plaintiff, being a creditor of William Hempstead, who was insolvent, on the 25th of December, 1817, caused the property described in the declaration to be attached, by a writ in his, the plaintiff’s name, against said Hempstead. The property, when attached, was on a farm in the possession of Hempstead and one Hinckley. Haley, the officer, who served the attachment, drove the…
1Opinion of the Court
Hosmer, Ch. J.
The receipt given by the plaintiff to Haley, was legally admitted in evidence. At the time of levying on the property, with Stoddard'’s attachment, he was the only receipt-man, and his right of action then arising cannot be defeated by matter ex post facto. Besides, the taking off the name of Hinckley from the receipt, by consent of all the *164parties to it, did not invalidate the instrument. It remained in force against the plaintiff, as if no such fact had existed.
The plaintiff, to whom the property taken was delivered,, had a right to maintain an action of trespass for the…
2Cases cited2 opinions
- Williams v. LewisConnecticut Superior Court · 1807
- Chancellor v. PhillipsSupreme Court of the United States · 1800
3Cited by7 opinions
- Patten v. SmithSupreme Court of Connecticut · 1823
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Taintor v. WilliamsSupreme Court of Connecticut · 1828
- Cox v. EasleySupreme Court of Alabama · 1847
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
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