Middle District Bank v. Deyo
New York Supreme Court
Debt for the escape of one Lawrence, from the defendant’s custody on a ca. sa. at the suit of the plaintiff, upon a judgment for $652,17 ; tried at the Ulster circuit, April 19th, 1826, before Betts, late C. Judge. The declaration contained three counts, substantially alike, except that the escapes were stated on different days.
Read the full summary
Debt for the escape of one Lawrence, from the defendant’s custody on a ca. sa. at the suit of the plaintiff, upon a judgment for $652,17 ; tried at the Ulster circuit, April 19th, 1826, before Betts, late C. Judge. The declaration contained three counts, substantially alike, except that the escapes were stated on different days. The defendant pleaded, 1. Nil debet, with notice of special matter ; 2. In answer to the first count, a return before suit brought; and that the defendant, after that escape and return, safely kept the prisoner in his custody, until he went out of office, and then…
1Opinion of the Court
Curia, per
Woodworth, J.
It is very clear that the plaintiffs are not entitled to recover upon more than one count. There was only one judgment on which the prisoner was committed.
The important inquiry is, whether all the facts stated in the plea, were material ? If they were, the plaintiffs ought to recover. But if the defence was complete on proving a voluntary return before suit brought, and that the prisoner was in custody when the action was commenced, the verdict ought to have been for the defendant.
The decision of this question will depend on the inquiry, whether the allegation that the…
2Cases cited4 opinions
- Currie v. HenryNew York Supreme Court · 1807
- Richmond v. TallmadgeNew York Supreme Court · 1819
- Jansen v. HiltonCourt for the Trial of Impeachments and Correction of Errors · 1813
- Ballou v. KipNew York Supreme Court · 1810
3Cited by1 opinion
- Vail v. ConantSupreme Court of Vermont · 1843