Bruce v. Kelly
New York Supreme Court
Appeal from, an order, denying a motion to vacate an order of anest, or reduce the amount of bail. The first point of this alleged conspiracy, i. e., the combination to have the property sold for much less than its true value, was a legal injury to the/plaintiffs, for which an action would have lain against the sheriff.
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Appeal from, an order, denying a motion to vacate an order of anest, or reduce the amount of bail. The first point of this alleged conspiracy, i. e., the combination to have the property sold for much less than its true value, was a legal injury to the/plaintiffs, for which an action would have lain against the sheriff. If there were a combination among several persons to have this illegal act done, an action would lie against the persons so combining. {Jones v. Cassell, 3 Johns. Cas., 29; Rogers v. Brewster, 5 Johns., 125; Phillips v. Bacon, 9 East, 303 ; Neilson v. Neilson, 5 Barb., 565;…
1Opinion of the Court
DANIELS, J.:
This action has been commenced to recover damages which the plaintiffs allege they have been subjected to by means of a fraudulent combination and conspiracy to divest them of their title to and interest in a piece of real estate situated in the city of New York.The defendants are charged as parties to the conspiracy; and, by means of it, the plaintiffs aver that the real estate was sold upon an execution issued to collect $98.13, the title conveyed and changed and incumbered, with the apparent design of putting it beyond their reach, before they had any knowledge of what had…
2Cases cited1 opinion
- Merritt v. CarpenterNew York Court of Appeals · 1866