Osterhout v. Roberts
Court for the Trial of Impeachments and Correction of Errors
Oh error from the O. P. of Madison county. The cause came to the 0. P. by appeal from a justice’s court. Roberts, the plaintiff before the justice, declared against the defendant, Osterhout, in trover for a watch. Osterhout pleaded that a previous judgment had been obtained by Roberts against OsterhOut’s son, for converting the same watch; on which the son was imprisoned 60 days in the county jail.
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Oh error from the O. P. of Madison county. The cause came to the 0. P. by appeal from a justice’s court. Roberts, the plaintiff before the justice, declared against the defendant, Osterhout, in trover for a watch. Osterhout pleaded that a previous judgment had been obtained by Roberts against OsterhOut’s son, for converting the same watch; on which the son was imprisoned 60 days in the county jail. The plaintiff, Roberts, demurred to the r. , „ and the justice gave judgment for the plaintiff. On appeal, the 0. P. gave judgment for the plaintiff; and a jury assessed his damages at $15, for…
1Opinion of the Court
Curia, per Woodworth, J.
The only question is, ther the judgment, execution and imprisonment, set out in the plea, were a satisfaction to the plaintiff, so as to transfer the property in the watch.
I think actual satisfaction is necessary to change the property. Here there was a failure of satisfaction; for it to manifest the defendant in the former suit never paid the *44^recovery. His imprisonment was no compensation; but the means resorted to in order to compel it. .,' '
The doctrine laid down in Jenkins’ Centuries, (4 cent. 189, case 88,) is, I apprehend, the law at this day : “A., in trespass…
2Cases cited4 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Curtis v. GroatNew York Supreme Court · 1810
- Thomas v. RumseyNew York Supreme Court · 1810
- Floyd v. BrowneSupreme Court of Pennsylvania · 1829
3Cited by13 opinions
- Russell v. . McCallNew York Court of Appeals · 1894
- Marsden v. . CornellNew York Court of Appeals · 1875
- Ball v. . LineyNew York Court of Appeals · 1871
- Collins v. SimonAppellate Division of the Supreme Court of the State of New York · 1939
- May v. GeorgerAppellate Terms of the Supreme Court of New York · 1897
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