Tuttle v. Love
New York Supreme Court
THIS was an action of assumpsit. The declaration contained four counts. The fourth count was on a spe~ cial undertaking of the defendant; and st~ted that the defendant being a deputy of the sheriff of P//ad~son county, and in the practice of receiving executions, and Collecting the money thereon, without any particular direction or control of the sheriff, on the 1st of December, 1809, an execution on a judgment in favour of the plaintiff against one 3£orris, for 200 dollars,…
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THIS was an action of assumpsit. The declaration contained four counts. The fourth count was on a spe~ cial undertaking of the defendant; and st~ted that the defendant being a deputy of the sheriff of P//ad~son county, and in the practice of receiving executions, and Collecting the money thereon, without any particular direction or control of the sheriff, on the 1st of December, 1809, an execution on a judgment in favour of the plaintiff against one 3£orris, for 200 dollars, was delivered to the defendant, as deputy sheriff, at his special instance and request, and that he afterwards…
1Per curiam
Two motions were submitted to the court upon this case ; the one in arrest of judgment, and the other for judgment for the defendant, upon the facts ■sated in the case.
1. The fourth count is upon a special contract made by the defendant, promising to pay the money which he had collected for the plaintiff, upon request, and after he had received the money. Such an express promise, founded upon the receipt of the money, may be good. A deputy sheriff, as well as any other agent, may make himself personally responsible by a special, undertaking, The general rule is laid down in Cameron v.…
2Cited by5 opinions
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
- Demoss v. NobleSupreme Court of Iowa · 1858
- Rugg v. DavisAppellate Court of Illinois · 1885
- Widner v. Western Union Telegraph Co.Michigan Supreme Court · 1883
- Spencer v. BlaisdellSuperior Court of New Hampshire · 1827