Patcher v. Sprague
New York Supreme Court
This was an action of trespass. The declaration stated, that the defendant, on the 17th November, 1806, at JCinslury, &c. with force and arms, took and carried away from the plaintiff, nine horses, «fee. of the value of, &c. then owned and possessed by the plaintiff, which the defendant kept and detained for six days, by which the horses were much damaged, and made worse, and the plaintiff lost the sale of the horses, &c. to his damage, &c, The defendant pleaded, 1. Not…
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This was an action of trespass. The declaration stated, that the defendant, on the 17th November, 1806, at JCinslury, &c. with force and arms, took and carried away from the plaintiff, nine horses, «fee. of the value of, &c. then owned and possessed by the plaintiff, which the defendant kept and detained for six days, by which the horses were much damaged, and made worse, and the plaintiff lost the sale of the horses, &c. to his damage, &c, The defendant pleaded, 1. Not guilty. 2. That one H. Sage, on the 10th November, 1806, was indebted to the defendant, in the sum of 100 dollars, over and…
1Opinion of the CourtVan Ness, J.
The first question that arises, ill the consideration of this cause, is, whether the defendant-has pie ided a good ¡dea in bar; for if he has not, the plain- tiff must have judgment, notwithstanding his replication may be bad, according to the well-settled rule, that judgment must be against the party who, in pleading, commits the first fault. The fourth section of the act, referred to in the plea provides, that if the sheriff shall ignorantly seize any goods which shall he claimed by a third person, such sheriff may summon a jury to try the right, and if the jury find in favour of the…
2Cases cited1 opinion
- Strong v. SmithNew York Supreme Court · 1805
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- Hough v. HoughOregon Supreme Court · 1894
- Ellis & Morton v. Ohio Life Insurance & Trust Co.Ohio Supreme Court · 1855
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