Moore v. . Westervelt
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action against the sheriff of New York for not delivering to the plaintiff one hundred and sixty tons of coal. Upon the trial it appeared that the plaintiff brought replevin against the master of the schooner Calcutta for the coal in question.
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Appeal from the Superior Court of the city of New York. Action against the sheriff of New York for not delivering to the plaintiff one hundred and sixty tons of coal. Upon the trial it appeared that the plaintiff brought replevin against the master of the schooner Calcutta for the coal in question. Upon the writ being delivered to the sheriff, he proceeded, in company with the plaintiff, to the pier at the foot of Broome street, on the north side of which the Calcutta was lying. There was evidence that the master then offered to deliver the coal to the plaintiff, but the offer was declined,…
1Opinion of the Court
Séldén, J;
There id no doubt that k sheriff, marshal, of other officer of like character, Who toked property by virtue of legal process, is under some obligatitih to see to the protection Of such property against injury Or loss; but to what precise degree of care he is bound under the various circumstances which may attend süch k taking, is not very well settled by authority. Judge Story, in his work tin Bailments, section 130, in respect to the liability tif such an officer, says: “ He would doubtless be responsible for gross negligence and fraud; but Whether he wtiuld be responsible for…
2Cases cited3 opinions
- Jenner v. JoliffeNew York Supreme Court · 1810
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
- Burke v. TrevittU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by10 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- Moore v. . WesterveltNew York Court of Appeals · 1863
- Muehlebach v. Paso Robles Springs HotelCalifornia Court of Appeal · 1924
- Depew v. SolomonowitzAppellate Division of the Supreme Court of the State of New York · 1900
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