Miller & Becker v. Scherder
New York Court of Appeals
Scherder sued Miller and Becker in the supreme court to recover damages for a false imprisonment. . On the trial, before Parker, circuit judge, at the Schoharie circuit in 1844, the case was this : In 1837, Scherder brought a suit in a justice’s court against Becker, and declared in the following form : “ The plaintiff complains of the defendant in a plea of trespass on the case, for that the defendant, in the month of December last past, sold to the plaintiff 132 pounds of…
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Scherder sued Miller and Becker in the supreme court to recover damages for a false imprisonment. . On the trial, before Parker, circuit judge, at the Schoharie circuit in 1844, the case was this : In 1837, Scherder brought a suit in a justice’s court against Becker, and declared in the following form : “ The plaintiff complains of the defendant in a plea of trespass on the case, for that the defendant, in the month of December last past, sold to the plaintiff 132 pounds of beef, which said beef was unfit for man to eat, and was so unwholesome that it occasioned the plaintiff and his family…
1Opinion of the CourtShankland, J.
We are left to.decide the form of the action which was instituted in the justice’s court by Scherder against Becker, from the declaration filed in that court, and the execution issued from the county court, to collect the costs, on the reversal of that judgment; for the arrest and imprisonment on' which execution this suit is prosecuted. That, declaration purports to contain three counts, but they are so loose and shadowy, as to form, that neither of them contains the necessary formal statement of facts and averments to constitute a good cause of action, either in tort, or on contract. Had…
2Cases cited2 opinions
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Phelps v. BartonNew York Supreme Court · 1834
3Cited by14 opinions
- Race v. . KrumNew York Court of Appeals · 1918
- Erisman v. McCartySupreme Court of Colorado · 1925
- Davids v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Fenton v. DuckworthAppellate Division of the Supreme Court of the State of New York · 1909
- State ex rel. Alliance Elevator Co. v. HelmsWisconsin Supreme Court · 1898
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