Winter v. . Kinney
New York Court of Appeals
On error from the supreme court. Kinney brought assumpsit against Andrew Winter in the supreme court, and declared for money had and received to his use.
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On error from the supreme court. Kinney brought assumpsit against Andrew Winter in the supreme court, and declared for money had and received to his use. The defendant pleaded the general issue, and the cause was tried at the New-York circuit, before Edmonds, circuit judge, in May, 1845. It appeared on the trial, that the plaintiff, who was a contractor on the New-York and Erie rail-road near the line of New-Jersey, was arrested in the fall of 1840, by John A. Winter, a deputy of the sheriff of the county of Bergen in New-Jersey, at the suit of one Wanmaker. The arrest took place on a…
1Opinion of the CourtWright, J.
An agreement made with a sheriff, or ether public officer, to obtain an indulgence not authorized by law to a party under arrest, or in contemplation of the escape of such party ; or the taking, by such officer, from a party in custody, an obligation or security not sanctioned by statute, for the ease and favor of the prisoner, and as an indemnity for a breach of duty on the part of such officer; has uniformly been held void under the statute of 23 Henry 6, chapter 9, in England, in this state, and in other states of the Union in which that statute has been in substance re-enacted; at least,…
2Cases cited1 opinion
- Millard v. CanfieldNew York Supreme Court · 1830
3Cited by11 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Toles v. . AdeeNew York Court of Appeals · 1881
- Town of Shelby v. MillerWisconsin Supreme Court · 1902
- Robinson v. PattersonMichigan Supreme Court · 1888
- Gebhardt v. HolmesWisconsin Supreme Court · 1912
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