Denning v. Roome
New York Supreme Court
This was an action of trespass, quare clausum fregit, tried at the New-York circuit in March, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for removing a fence erected by the plaintiff in April, 1823, enclosing an area of 27 feet by 80, in Washington street, in the city of New-York.
Read the full summary
This was an action of trespass, quare clausum fregit, tried at the New-York circuit in March, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for removing a fence erected by the plaintiff in April, 1823, enclosing an area of 27 feet by 80, in Washington street, in the city of New-York. The fence was removed by the defendant, by order of the common council of the city, on the 2d August, 1824, the defendant being at the time superintendent of repairs of the city, and a taxable inhabitant and citizen of New-York. The title to the locus in quo was admitted to…
1Opinion of the Court
By the Court.
The defendant was an inhabitant of the city of New-Yorb, and an officer of the corporation, when he did the act which is charged in the declaration as a trespass. The plaintiff insists that the defendant acted as an agent of the corporation in committing the trespass, and that the court must consider him as defending in that character, and not in his individual capEtcity. If he acted as the agent of the corporation, it is said we are to regard that body as the parly, and to exclude their minutes as incompetent evidence to justify their own acts. What right has this court to…
2Cases cited1 opinion
- Conn v. PennSupreme Court of the United States · 1820
3Cited by30 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- United States v. MasusockUnited States Court of Military Appeals · 1951
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Pearsall v. PostNew York Supreme Court · 1838
- Stebbins v. DuncanSupreme Court of the United States · 1883
25 more not listed; retrieve them via the Exa API.