Waterbury v. . Westervelt
New York Court of Appeals
This action was brought in the superior court of New-York, against the sheriff of the city and county of Hew-York and one of his deputies, for taking and carrying away the plaintiff’s goods, consisting of merchandise in a furnishing store.
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This action was brought in the superior court of New-York, against the sheriff of the city and county of Hew-York and one of his deputies, for taking and carrying away the plaintiff’s goods, consisting of merchandise in a furnishing store. Besides the usual allegations in trespass and trover, the complaint sets forth that the defendants claimed the right to take the goods, which were alleged to be the plaintiff’s property, under executions against the property of Benjamin Waterbury; that- they took a greater amount than would have been sufficient to satisfy the executions; that they injured…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is insisted that the action cannot be maintained against both the sheriff and his deputy, though it is conceded that either would be liable separately for a trespass committed by the deputy in the execution of process. If the law were as insisted, in a case where the sheriff had not intermeddled in the transaction, it would not…
2Cases cited3 opinions
- M'Intyre v. TrumbullNew York Supreme Court · 1810
- Stillman v. SquireCourt for the Trial of Impeachments and Correction of Errors · 1845
- Colvin v. HolbrookNew York Supreme Court · 1848
3Cited by7 opinions
- Hoye v. RaymondSupreme Court of Kansas · 1881
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
- Knapp v. CraneAppellate Division of the Supreme Court of the State of New York · 1897
- Campbell v. Erie Railway Co.New York Supreme Court · 1866
- Hang Lung Kee & Co. v. BickertonHawaii Supreme Court · 1883
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