Heath v. M'Inroy
New York Supreme Court
THIS was.an action of trespass, and was tried at the Washington circuit, on the 19th of June, 1810, before Mr. Justice Van Ness. It was proved, that the plaintiff, being at a tavern, with a sleigh and horses, the defendant took one of the horses out" of the sleigh, and led him away, though charged not to do so, by the plaintiff.
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THIS was.an action of trespass, and was tried at the Washington circuit, on the 19th of June, 1810, before Mr. Justice Van Ness. It was proved, that the plaintiff, being at a tavern, with a sleigh and horses, the defendant took one of the horses out" of the sleigh, and led him away, though charged not to do so, by the plaintiff. It appeared that one Crandall, an officer, had an attachment against Chittenden, at the suit of the defendant, and the defendant requested him to take the horse in question, "which he refused to do; upon which the defendant took the horse and delivered him to the…
1Per curiam
The better construction of the statute seems to be, and such is now the construction given to it, in England, (Good v. Watkins, 3 East, 495.) that it rests in the discretion of the judge who tries the cause, to determine, from the testimony, whether the trespass was wilful and malicious ; and if the judge refuses, the K. B. will not interfere. The court will not, therefore, make any order in this case. Some of the cases on the construction of the statute (for the statute of 8 and 9 W. III. and ours is the same) have been rather rigid, both in England and in this court; and if the court were…
2Cited by1 opinion
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