Sherman v. Boyce
New York Supreme Court
THIS was an action of trespass for taking three horses. . . . The defendant pleaded not guilty, with notice of justificatian under a writ of fieri facias.
Read the full summary
THIS was an action of trespass for taking three horses. . . . The defendant pleaded not guilty, with notice of justificatian under a writ of fieri facias. The cause was tried before Mr. J. Yates, at the Washington circuit, in June, 1817. It was proved, that the defendant, who was a deputy sheriff, took two of the plaintiff's horses, and sold them, as he alleged, under an execution against the plaintiff; that he then offered for sale, and sold the third horse, and directed the purchaser to go to.the plaintiff’s pasture and take the horse, which the purchaser did. The plaintiff, previous to…
1Opinion of the CourtPlatt, J.
Although the deputy sheriff declared, when he paid the amount due to the creditor, “ that the execution was not intended to be satisfied,” that declaration could not affect the right of the creditor to return the money so paid him, in satisfaction of his claim upon the execution. It was not a conditional payment, nor advance of money by the deputy sheriff to the creditor.
The fair construction of that conversation is, that the deputy meant to express his determination not to waive the rights which he had acquired, under the agreement with the plaintiff in this suit, of using the fi. fa. for…
2Cited by22 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Splahn v. GillespieIndiana Supreme Court · 1874
- Bank of Orange County v. WakemanNew York Supreme Court · 1823
- Carpenter v. Stilwell & AmbroseNew York Supreme Court · 1851
- Ansonia B. and C. Co. v. . ConnerNew York Court of Appeals · 1886
17 more not listed; retrieve them via the Exa API.