Mattison v. Baucus
New York Court of Appeals
This was an action of trover, originating in a justice’s court. The plaintiff in error was a constable, and claimed to have a special property in the goods converted by the defendant in error, by virtue of a levy made by him as such constable on an execution in favor of Lewis Buffit v. John Foster.
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This was an action of trover, originating in a justice’s court. The plaintiff in error was a constable, and claimed to have a special property in the goods converted by the defendant in error, by virtue of a levy made by him as such constable on an execution in favor of Lewis Buffit v. John Foster. The plaintiff in error, as such constable, (and by virtue of his levy claiming the goods,) brought this suit against the defendant, and the same was tried before Levi Nelson, Esq., justice of the peace, on the 27th day of September, 1839. The plaintiff then recovered the full value of the goods,…
1Opinion of the Court
*643The opinion of the supreme court was as follows:—
Beardsley, Justice.
The court erred in deciding that the plaintiff was entitled to recover the full value of the property. (Spoor v. Holland, 8 Wend. 445.) There are various other points made in the case; but, without passing upon them, the judgment must be reversed, on the ground that the court erred upon the question of damage.
The plaintiff prosecuted his writ of error, to reverse the decision of the supreme court, in the court for the correction of errors. The cause was in readiness for hearing before the court of errors was abolished, and…
2Cases cited12 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- White v. WebbSupreme Court of Connecticut · 1842
- Beals v. GuernseyNew York Supreme Court · 1811
- Russell v. ButterfieldNew York Supreme Court · 1839
- Wilson v. ConineNew York Supreme Court · 1807
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