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
It has been decided in this state, in Moulton v. Norton (5Barb., 296), that a sheriff and his deputy cannot be joined as defendants in an action for a tort committed by the deputy. That decision, and also the opinions expressed in Cowen Hill'sNotes, 823, and Allen on Sheriffs, 88, were based upon the decision in Phelps v. Campbell (1 Pick., 62). This last case, however, to which all the other authorities refer, was decided by a majority of the court only, two of the judges dissenting, for reasons very satisfactorily set forth in the opinion of Judge WILDE.
But I do not think it is necessary to…
2Cases cited4 opinions
- Osborne v. MossNew York Supreme Court · 1810
- Chapin v. PeaseSupreme Court of Connecticut · 1834
- Bank of United States v. BurkeIndiana Supreme Court · 1835
- Moulton v. NortonNew York Supreme Court · 1848