Bellinger v. Ford
New York Supreme Court
THE plaintiff brought his action in a justice’s court, and claimed to recover the value of a colt, sold by one Smith Low, in February, 1850. The defendant, first, denied the complaint ; and secondly, set up as a justification, that the colt was the property of Adam P. Bellinger; and that Low, as under-sheriff, sold it on an execution against him.
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THE plaintiff brought his action in a justice’s court, and claimed to recover the value of a colt, sold by one Smith Low, in February, 1850. The defendant, first, denied the complaint ; and secondly, set up as a justification, that the colt was the property of Adam P. Bellinger; and that Low, as under-sheriff, sold it on an execution against him. On the trial the sale by Low was proved; and to charge the defendant with authorizing and directing the sale, the plaintiff called the defendant’s clerk, who testified that he attended the sale by the defendant’s direction, and was authorized by him…
1Opinion of the Court
By the Court, Bockes, J.
This case presents an interesting subject for examination—hinted at in Bellinger v. Ford, (14 Barb. 250.) The question is whether the execution sale was justified in law, conceding that the defendant procured the execution to be issued, and directed the sale.
When the order for leave to issue the execution was granted and the execution issued, the plaintiff in the judgment, Anastatia Ford, had been dead for over two years, and no executor or administrator had been appointed to her estate. There was then no one authorized to issue execution, or to take any proceedings…
2Cases cited4 opinions
- Vroom v. Van HorneNew York Court of Chancery · 1844
- Rattoon v. OverackerNew York Supreme Court · 1811
- Thomas v. CameronNew York Supreme Court · 1837
- Bellinger v. FordNew York Supreme Court · 1852
3Cited by14 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Dunham v. BentleySupreme Court of Iowa · 1897
- Austin v. MonroeNew York Supreme Court · 1871
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860
- Dutcher v. DutcherNew York Supreme Court · 1895
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