Farrington v. Payne
New York Supreme Court
IN ERROR, on certiorari to a justice’s court* This was an action of trover, brought by the defendant in error, against the plaintiffs in error, for three hed-quilts. The defendants below justified under an attachment, in fa-your of the defendant, Farrington, against Peter Payne, for debt, by virtue of which, the defendant, Smith, as constable, seised and carried away the bed-quilts.
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IN ERROR, on certiorari to a justice’s court* This was an action of trover, brought by the defendant in error, against the plaintiffs in error, for three hed-quilts. The defendants below justified under an attachment, in fa-your of the defendant, Farrington, against Peter Payne, for debt, by virtue of which, the defendant, Smith, as constable, seised and carried away the bed-quilts. The articles were /y i i s * proved to be the properly of the plamM below, but they were attached while in the possession of Peter Payne, against whom the attachment issued, having been lent to him. The defendants…
1Per curiam
In giving “judgment according as the very right of the case shall appear, without regarding any imperfection, omission, or defect in the proceedings, in mere matters of form,” we are authorised to disregard the mistake in the title of the statute, under which the justice acted.
As to the second objection, it is well settled, that a tortious taking is, in itself, a conversion, and no subsequent demand is necessary.
Judgment affirmed.
2Cited by7 opinions
- Huffman v. KnightOregon Supreme Court · 1900
- Bull v. ColtonNew York Supreme Court · 1856
- Draper v. MoseleyTennessee Supreme Court · 1873
- Drew v. SpauldingSupreme Court of New Hampshire · 1864
- Earle v. VanburenSupreme Court of New Jersey · 1799
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