Noble v. . Halliday
New York Court of Appeals
On error from the supreme court. Halliday sued Noble, Livingston and Lamberson, in the superior court of the city of New-York, for an assault and battery and false imprisonment. On the 20th of July, 1841, Noble, one of the defendants, was appointed by the court of chancery receiver of the property and effects of The New-York Northern Fire Insurance Company.
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On error from the supreme court. Halliday sued Noble, Livingston and Lamberson, in the superior court of the city of New-York, for an assault and battery and false imprisonment. On the 20th of July, 1841, Noble, one of the defendants, was appointed by the court of chancery receiver of the property and effects of The New-York Northern Fire Insurance Company. On the 24th of November, 1841, Noble, as-such receiver, presented a petition to the recorder of the -city of New-York, and obtained from that officer a warrant directed to the sheriff of that city and county, commanding him to bring the…
1Opinion of the CourtRuggles, J.
The question raised by the pleadings in this case is, whether the petition presented by Noble, the receiver of The New-York Northern Insurance Company, verified by his own oath as to the principal facts, on his information and belief, was sufficient to give the recorder jurisdiction to issue the warrant. If it was, the arrest of Halliday was legal, and his action, founded on the supposed illegality of the arrest, must fail.
The legality of the warrant is here drawn in question in a collateral action; and for the purpose of maintaining the action it is necessary to show not merely that the…
2Cases cited3 opinions
- In re HurdNew York Supreme Court · 1833
- In re FitchNew York Supreme Court · 1829
- Sterry v. SchuylerNew York Supreme Court · 1840
3Cited by2 opinions
- In re StonebridgeNew York Supreme Court · 1889
- In re StonebridgeNew York Supreme Court · 1890