Rowley v. Gibbs, Standish, & others
New York Supreme Court
THIS was an action of replevin, for taking certain goods of the plaintiff; to which the defendants pleaded non cepit, and in justification, that the defendants, Gibbs and Standish, as in-specters of the customs for the district of Champlain, and the other defendants, as their bailiffs and servants, seized the goods ' as forfeited to the United States, for a breach of the non-intercourse law.
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THIS was an action of replevin, for taking certain goods of the plaintiff; to which the defendants pleaded non cepit, and in justification, that the defendants, Gibbs and Standish, as in-specters of the customs for the district of Champlain, and the other defendants, as their bailiffs and servants, seized the goods ' as forfeited to the United States, for a breach of the non-intercourse law. At the trial, before Mr. J. Yates, the taking of the goods was proved, and the defendants proved the appointment of Gibbs and Standish, as inspectors of the customs for the district of Champlain. The…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The principal question in this case is, whether any damages could be -assessed for the defendants ? This will depend on the construction to be given to the statute, (1 N. R. L. 344.) which declares, that every person making avowry, justification, or cognizance, in any action of replevin, if the same be found for him, or the plaintiff be nonsuited, or otherwise barred, then such person ¡shall recover his damages and costs, against the plaintiff, in like manner as the plaintiff would have done if the same had been found against the defendant,…
2Cited by16 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- De Thomas v. WitherbyCalifornia Supreme Court · 1882
- Woodruff v. CookNew York Supreme Court · 1857
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