Brintnall v. Foster
New York Supreme Court
Error from the Erie common pleas. Brintnall sued Foster on a promise to indemnify him as a constable in the sale of certain property on a justice’s execution, for the selling of which he alleged he had been sued, and subjected to the payment of damages.
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Error from the Erie common pleas. Brintnall sued Foster on a promise to indemnify him as a constable in the sale of certain property on a justice’s execution, for the selling of which he alleged he had been sued, and subjected to the payment of damages. The defendant pleaded, 1. Non-assumpsit ; 2. A former suit by the plaintiff against him for the same cause of action, before a justice of the peace, in which the defendant obtained judgment that he did not undertake and promise in modo et forma, &c. and costs of the defence were awarded to him, referring to the record remaining before the…
1Opinion of the Court
By the Court.
The principal, if not the only question in this case is, whether the parties must not be confined to the docket or minutes of the justice, to determine the nature of the judgment rendered by him; if so, the decision of the court below was erroneous. It would be dangerous to permit an inquiry into the evidence and proceedings of a trial before a justice, to show that the kind of judgment rendered by him was not such as he ought to have rendered, and to give effect to it as it should have been, rather than as it is. Both pleas state certain facts, and refer to the record of the…
2Cited by9 opinions
- The People v. . VilasNew York Court of Appeals · 1867
- Jolley v. FoltzCalifornia Supreme Court · 1867
- Elwell v. M'QueenNew York Supreme Court · 1833
- Smith v. ComptonNew York Supreme Court · 1855
- Lee & Brewster v. HardgraveMichigan Supreme Court · 1853
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