Curry v. Pringle
New York Supreme Court
THIS was an action for false imprisonment, and was tried at the Otsego circuit, in 1814, before Mr. Justice Van Ness. The plaintiff was a man having a family, residing in the county of Otsego, where he had lived for eight or ten years, an<* was arreste(l in August, 1813, on a warrant issued from a jus^ce’s court in that county, without oath, and was detained for about half an hour.
Read the full summary
THIS was an action for false imprisonment, and was tried at the Otsego circuit, in 1814, before Mr. Justice Van Ness. The plaintiff was a man having a family, residing in the county of Otsego, where he had lived for eight or ten years, an<* was arreste(l in August, 1813, on a warrant issued from a jus^ce’s court in that county, without oath, and was detained for about half an hour. The plaintiff lived in Milford, and the 1 defendant in Richfield, distant twenty-six miles from each other; and the plaintiff had, in April, 1812, in the town of Richfield, declared that he was not a man with a…
1Opinion of the CourtYates, J.
It appears that the plaintiff was an inhabitant of the town of Milford, in the county of Otsego, the same county in which the justice and the defendant resided. The imprisonment, in this case, was illegal, and the party is entitled to remuneration for the injury sustained. To authorize the issuing of a warrant in the first instance, the defendant ought to have proved, to the satisfaction of the justice, that the plaintiff was about to depart from the county, or that he was in danger of losing his debt. This was not done, and the justice proceeded against the plaintiff as an inhabitant having…
2Cited by9 opinions
- Vernes v. PhillipsNew York Court of Appeals · 1935
- Hewitt v. . NewburgerNew York Court of Appeals · 1894
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Teal v. FisselUnited States Circuit Court · 1886
- Blake's caseMassachusetts Supreme Judicial Court · 1871
4 more not listed; retrieve them via the Exa API.