Dexter v. Adams
New York Supreme Court
Debt against the defendant as sheriff of Albany county for the escape of one John F. Jenkins from the jail limits, tried at the Albany circuit in April, 1844, before Parker, C. Judge. Jenkins was committed to jail June 4, 1842, on a ca. sa. issued upon a judgment in favor of the plaintiff against him, rendered in the mayor’s court in an action for a tort.
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Debt against the defendant as sheriff of Albany county for the escape of one John F. Jenkins from the jail limits, tried at the Albany circuit in April, 1844, before Parker, C. Judge. Jenkins was committed to jail June 4, 1842, on a ca. sa. issued upon a judgment in favor of the plaintiff against him, rendered in the mayor’s court in an action for a tort. The escape was alleged to have taken place on the 4th day of August, 1842, just before seven o’clock in the morning, and it consisted in the prisoner’s stepping across the steamboat Columbia upon the boat Albany, which lay in the Hudson…
1Opinion of the Court
By the Court, Beardsley, J.
Passing by all other questions which arise in this case, I think it should have been put to the jury to determine whether Jenkins had been induced, by trick and fraud on the part of Baker alone, or in conjunction with Mink, to leave the limits, the trick and fraud having been *650resorted to for the benefit of Hadley, who owned the judgment; and with instruction to the jury, that if such were found to be the facts the plaintiffs could not recover. In substance the judge was requested so to charge the jury, and it seems to me he erred in withholding the instruction.…
2Cited by9 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Bell v. . DayNew York Court of Appeals · 1865
- Leslie v. . WileyNew York Court of Appeals · 1872
- Lovell v. OrserThe Superior Court of New York City · 1857
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