Chappell v. Dann
New York Supreme Court
IfOTIQH by the plaintiff for a new trial, on a bill of excep,11 tions. The action was brought by the plaintiff to recover a demand claimed to be due on contract. The complaint alleged that the plaintiff, from December 17th, 1851, to September 11th, 1852, was sheriff of the county of Livingston.
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IfOTIQH by the plaintiff for a new trial, on a bill of excep,11 tions. The action was brought by the plaintiff to recover a demand claimed to be due on contract. The complaint alleged that the plaintiff, from December 17th, 1851, to September 11th, 1852, was sheriff of the county of Livingston. That on said 17th day of December, as such sheriff, he received an execution in due form, on a judgment in this court, in an action brought by William P. Humphrey against Albert L. Jackson; and docketed in said county on the 17th day of ¡November, 1851, for $139.38. That Jackson having no personal…
1Opinion of the Court
By the Court, Johnson, J.
The defendant bid at the sale, in his own name, and took the certificate from the plaititiff as sheriff, in his own name. The presumption therefore is, that the purchase was on his own account; and the action was properly brought against him to recover the amount of the bid. (Beardsley v. Root, 11 John. 464.) The refusal of the judge to nonsuit was proper. The cause of action being thus made out, could the defendant, by way of defense, prove by parol that he purchased as the agent, merely, of the plaintiff in the execution, and not on his own account ? The proof…
2Cases cited2 opinions
- Beardsley v. RootNew York Supreme Court · 1814
- Benjamin v. SmithNew York Supreme Court · 1830
3Cited by10 opinions
- Galpin v. LambOhio Supreme Court · 1876
- Gottstein v. HarringtonWashington Supreme Court · 1901
- Auburn City Bank v. LeonardNew York Supreme Court · 1863
- Knope v. . NunnNew York Court of Appeals · 1897
- Squier v. NorrisNew York Supreme Court · 1869
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