Dyett v. Hyman
New York Court of Common Pleas
Appeal from trial term. Action by Charles H. Dyett, assignee, against Samuel P Hyman and others, to recover damages for trespass in the taking and carrying away of plaintiff’s goods under an attachment.
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Appeal from trial term. Action by Charles H. Dyett, assignee, against Samuel P Hyman and others, to recover damages for trespass in the taking and carrying away of plaintiff’s goods under an attachment. The defense interposed was (1) that there were other attaching and indemnifying creditors who shared in the proceeds of the property taken, and should be required to share in the liability therefor; (2) that the assignment under which the plaintiff claimed was fraudulent and void. There was a judgment for the plaintiff, and the defendants appeal.
1Opinion of the CourtBischoff, J.
That the indemnitors upon a bond given to the attaching officer to hold him harmless against the consequences of a wrongful seizure and removal of the property attached are liable as trespassers for the full value of the property taken to the person aggrieved, though there be no other proof of participation in the taking or interference with the property, is a proposition so well established by authority as to admit of no dispute. Herring v. Hoppock, 15 N. Y. 409; Davis v. Newkirk, 5 Denio, 92; Root v. Chandler, 10 Wend. 110; Wall v. Osborn, 12 Wend. 40; Lovejoy v. Murray, 3 Wall. 1; Pool v.…
2Cases cited19 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Herring v. . HoppockNew York Court of Appeals · 1857
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3Cited by1 opinion
- Flack v. ThaxterNew York Court of Common Pleas · 1892