Colton v. Beardsley, Bigelow & Spooner
New York Supreme Court
THIS was an action to recover for the taking and conversion of certain property. The defendants justified their acts as trustees of school district Ho. 17, in the town of Dekalb, St. Lawrence county.
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THIS was an action to recover for the taking and conversion of certain property. The defendants justified their acts as trustees of school district Ho. 17, in the town of Dekalb, St. Lawrence county. To prove his case, the plaintiff gave in evidence two warrants issued by the defendants as such trustees; one dated April 8, 1857, the other dated June 10, 1857; and proved that under the first the collectors seized and sold a heifer, worth $24, and under the second, two cows and a heifer, worth $76. On cross-examination the defendants asked the plaintiff’s first witness if, at the several dates…
1Dissent
Potter, J. (dissenting.)
The defendants in this action are sued directly for their wrongful official act, by which they took the property of the plaintiff, and disposed of it without authority of law; and the question is whether they, (not acting as ministerial officers,) and sued directly as parties to the action, for the tortious act, make a sufficient defense by showing themselves to be acting as officers de facto. The judge at the circuit held that this was not sufficient, and held also, that in such case the defendants must show themselves to be officers de jure. If the judge at the…
2Cases cited20 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. CookNew York Supreme Court · 1852
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