Davis v. Newkirk, Barker & Yates
New York Supreme Court
Trover, for a quantity of lumber, tried at the Chemung circuit, in October, 1844, before Monell, late Cir. J. In the spring of 1843, the lumber belonged to the firm of Davis, Thomas & Co. which consisted of Cornelius Davis, Taft and Floyd. Two persons of the name of Thomas, had been members of the firm, but had withdrawn before this time.
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Trover, for a quantity of lumber, tried at the Chemung circuit, in October, 1844, before Monell, late Cir. J. In the spring of 1843, the lumber belonged to the firm of Davis, Thomas & Co. which consisted of Cornelius Davis, Taft and Floyd. Two persons of the name of Thomas, had been members of the firm, but had withdrawn before this time. The plaintiff claimed title under a sale on ajft. fa. issued upon a judgment in his own favor against the members of the firm, rendered in the Tioga common pleas, and docketed in Che-mung county. The judgment was rendered on the 25th day of March, 1843, and…
1Opinion of the Court
By the Court, Beardsley, C. J.
The judge was correct in refusing to discharge the defendants, Barker and Yates, when the plaintiff rested. They had signed a bond by which they engaged to indemnify the sheriff for levying upon and selling this lumber on the execution in favor of their co-defendant in this suit, Newkirk, It was in consequence of receiving this bond that the sheriff proceeded to make the levy and sale, and if that was-wrongful, these defendants were responsible therefor. The bond contemplated such a seizure and sale, and it was a virtual -request to the sheriff to proceed…
2Cited by27 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- Lesher v. GetmanSupreme Court of Minnesota · 1883
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
- Ball v. . LoomisNew York Court of Appeals · 1864
- Martin v. Buffaloe.Supreme Court of North Carolina · 1901
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