Doty v. Turner
New York Supreme Court
THIS was an action of assumpsit. The declaration contained two counts. 1. That the defendant, being in-7 ° debted to the plaintiff for 200 dollars, collected and re-1 7 ceived by the defendant, on a fieri facias issued out of _ _ ' . . , this court, at the suit of the plaintiff, against the goods . and chattels or John Pierce, tested, ike. on a judgment, &c. and being so indebted, the defendant assumed and promised, &c. 2. For money had and received to the use Gf the…
Read the full summary
THIS was an action of assumpsit. The declaration contained two counts. 1. That the defendant, being in-7 ° debted to the plaintiff for 200 dollars, collected and re-1 7 ceived by the defendant, on a fieri facias issued out of _ _ ' . . , this court, at the suit of the plaintiff, against the goods . and chattels or John Pierce, tested, ike. on a judgment, &c. and being so indebted, the defendant assumed and promised, &c. 2. For money had and received to the use Gf the plaintiff. Plea, non assumpsit. r 1 * - The cause was tried at the Rensselaer circuit, in 18ÍQ, before Mr. Justice Van Ness.…
1Per curiam
The question is, whether the first execution is to be deemed fraudulent, as against the second, in consequence of the directions given by the agent of the plaintiff to the sheriff. It was competent for the plaintiff to prove by the agent what those directions were, notwithstanding the return, for the recital on the subject in the return, was of extrinsic matter, not appertaining to a strict official return. The testimony given by Houghton does not, however, essentially vary from that stated by the defendant. The information given to the defendant upon delivery of the execution, was, that he…
2Cited by10 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Russell v. GibbsNew York Supreme Court · 1826
- Wood v. GarySupreme Court of Alabama · 1843
- Williams v. MellorSupreme Court of Colorado · 1888
- Rew v. BarberNew York Supreme Court · 1824
5 more not listed; retrieve them via the Exa API.