Elliot v. Cronk's
New York Supreme Court
This was an action of debt, tried at the Ontario circuit in December, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The declaration was against the defendants, as the representatives of James Cronlc, late sheriff of the county of Niagara.
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This was an action of debt, tried at the Ontario circuit in December, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The declaration was against the defendants, as the representatives of James Cronlc, late sheriff of the county of Niagara. The first count set forth a judgment in favor of the plaintiff, against E. Hathaway, for $159,84, the issuing of an execution thereon, and the delivery of the same to the intestate on the 25th September, 1818, and then followed an averment that the intestate collected the money of the defendant in the execution, and neglected to bring the…
1Opinion of the Court
By the court,
Sutherland, J.
This, though in form an action of debt, is substantially an action for money had and received by the testator of the defendants, as sheriff of the county of Niagara. The provision of the revised statutes requiring “Every action against any public officer, &c. fororconcerning any act done by such officer, by virtue of his office,to be brought in the county where the fact complained of happened, and not elsewhere,” 2 R. S. 353, § 14, does not apply, I apprehend, to a case like this. That provision applies primarily, undoubtedly, and I am inclined to think exclusively…
2Cases cited1 opinion
- Dygert v. CraneNew York Supreme Court · 1828
3Cited by24 opinions
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- Sheldon v. . Van BuskirkNew York Court of Appeals · 1849
- Bonestell, Richardson & Co. v. CurryCalifornia Supreme Court · 1908
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