Lazarus v. Ely
Supreme Court of Connecticut
Trespass for taking and carrying away certain personal property, with a count in trover; brought to the City Court of the city of Hartford, and faded to the court before Sumner, J. Facts found and judgment rendered for the plaintiff. Motion in error by the defendant on the ground that the court erred in the rule of damages. The case is fully stated in the opinion.
1Opinion of the CourtPardee, J.
Lazarus, having for his own accommodation obtained Ely’s endorsement upon his note, allowed it to go to protest; before paying it Ely prayed out a writ in due form of law against him, and thereon attached certain articles of personal property. Three days later, Ely, having paid the note, abandoned his writ and suit, re-attached the same property upon another writ, caused it to be duly returned to court, obtained judgment thereon, sold the property on execution for the sum of $130.50, and applied $118.77 towards the satisfaction of his judgment, the remaining $11.73 having been consumed in the…
2Cases cited3 opinions
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Curtis v. WardSupreme Court of Connecticut · 1850
- Cook v. LoomisSupreme Court of Connecticut · 1857
3Cited by5 opinions
- Jackson v. InnesMassachusetts Supreme Judicial Court · 1919
- Field v. MunsterCourt of Appeals of Texas · 1895
- Seymour v. IvesSupreme Court of Connecticut · 1878
- Bowman v. DavisSupreme Court of Colorado · 1889
- Wade v. RaySupreme Court of Oklahoma · 1917