Colvin v. . Holbrook
New York Court of Appeals
Colvin sued Holbrook in the Onondaga common pleas in assumpsit for money had and received. On the trial, in the common pleas the case was this: On the 17th of July, 1838, the defendant, as one of the deputies of the sheriff of the county of Onondaga, received for collection an execution upon a judgment rendered in the supreme court, in favor of C. H. Brackett against O. B. Brackett, for $2115,72, docketed October 21, 1836. By virtue of this execution the defendant, on the…
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Colvin sued Holbrook in the Onondaga common pleas in assumpsit for money had and received. On the trial, in the common pleas the case was this: On the 17th of July, 1838, the defendant, as one of the deputies of the sheriff of the county of Onondaga, received for collection an execution upon a judgment rendered in the supreme court, in favor of C. H. Brackett against O. B. Brackett, for $2115,72, docketed October 21, 1836. By virtue of this execution the defendant, on the 4th of May, 1839, sold the real estate of O. B. Brackett, and C. H. Brackett became the purchaser. On the 11th of…
1Opinion of the CourtGardiner, J.
The plaintiff insists that the defendant was the mere agent of the sheriff, and -that his liability is to be determined by the principles applicable to the agents of private individuals. This mode of stating the question takes from the defendant all advantage of his official character, and puts the case upon the ground most favorable to the plaintiff In this view, then, the question will be, whether an agent receiving money for his principal, in pursuance of a valid authority, without fraud, duress, or mistake, is liaoie to an action in behalf of a person who is ultimately entitled to the…
2Cases cited4 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Hearsey v. PruynNew York Supreme Court · 1810
- Thayer v. BrackettMassachusetts Supreme Judicial Court · 1815
- People ex rel. Woolley v. BakerNew York Supreme Court · 1839
3Cited by24 opinions
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Palmer v. O'Bannon Corp.Massachusetts Supreme Judicial Court · 1925
- Naser v. . First National BankNew York Court of Appeals · 1889
- Cooper v. TimAppellate Terms of the Supreme Court of New York · 1896
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