Hurst v. Cook
New York Supreme Court
Demurrer to plea of property in a third person in an action of trover. The plaintiff, John Hurst, declared in trover, for the taking and conversion of certain goods and chattels belonging to him.
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Demurrer to plea of property in a third person in an action of trover. The plaintiff, John Hurst, declared in trover, for the taking and conversion of certain goods and chattels belonging to him. The defendant pleaded that he as a deputy of the sheriff of Onondaga, by virtue of two executions against one Thomas Hurst, for the purpose of satisfy-^e same, took the goods and chattels specified in the declaration, “the same then and there being the property of the said Thomas Hurst.” To which plea the plaintiff demurred, assigning as special causes of demurrer, that the plea amounted to the…
1Opinion of the Court
By the Court,
Cowen, J.
I confess I supposed, upon the argument, that I should find the question raised, perfectly disposed of by cases in this court. But one case was cited, and so far as that goes, it is against the plea. It was sought to be distinguished, and indeed brought down to the force of a mere dictum; and it was insisted that the plea is maintainable on a correct understanding of the authorities. Having satisfied himself of this, the counsel went back to Rockwood v. Feasar, Cro. Eliz. 262, and The Archbishop of Canterbury v. Kemp, id. 539. I shall notice what these cases are, in the…
2Cited by5 opinions
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