Nebenzahl v. Townsend
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from orders denying motions for a new trial. The action was brought to recover damages for the arrest and imprisonment of the plaintiff.
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Appeal from a judgment of this court entered upon the verdict of a jury, and from orders denying motions for a new trial. The action was brought to recover damages for the arrest and imprisonment of the plaintiff. A previous action had been brought by the defendants, Edward M. Townsend and Henry C. Yale, against Isaac Hebenzahl, the plaintiff in this action and Montague S. Marks, in which an order of arrest against Hebenzahl and Marks was granted and they were arrested and held to bail. A. judgment was recovered against them in the action, upon which execution was issued against their…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The warrant granted under the act to abolish imprisonment for debt, was not absolutely void, because the defendant had been arrested substantially upon the same state of facts in an action previously brought by the plaintiff, in which the defendant had given bail, and in which judgment had been recovered against him and another. It may be a good reason for discharging the war*235rant, as was done in this case, upon the ground that the plaintiff should not be allowed to resort to both remedies; that having elected to pursue one, he should be precluded from resorting…
2Cases cited3 opinions
- Brown v. CrowlNew York Supreme Court · 1830
- People ex rel. Sharkey v. GoodwinNew York Supreme Court · 1868
- Steward v. . BiddlecumNew York Court of Appeals · 1848
3Cited by11 opinions
- Luby v. BennettWisconsin Supreme Court · 1901
- McIntosh v. Bullard, Earnheart & MagnessSupreme Court of Arkansas · 1910
- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
- Moran v. KlatzkeCourt of Appeals of Arizona · 1984
- Hobbs v. RaySupreme Court of Rhode Island · 1892
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