Turner v. Jones
New York Supreme Court
Appeal from judgment of Cattaraugus County Court, affirming the judgment of the Justice’s Court. The defendant was a constable of the town of Randolph, and an execution was issued to him against the property of Thomas Hare, founded upon a valid judgment against Hare, by virtue of which the defendant levied upon a cow, as the property of Hare. The defendant employed the plaintiff to drive the cow to the village of Randolph, agreeing to pay him for such service, fifty cents.
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Appeal from judgment of Cattaraugus County Court, affirming the judgment of the Justice’s Court. The defendant was a constable of the town of Randolph, and an execution was issued to him against the property of Thomas Hare, founded upon a valid judgment against Hare, by virtue of which the defendant levied upon a cow, as the property of Hare. The defendant employed the plaintiff to drive the cow to the village of Randolph, agreeing to pay him for such service, fifty cents. The plaintiff drove the cow, and Hare sued‘him for converting the cow, and recovered her value. The plaintiff notified…
1Opinion of the Court
Present — Marvin, Lamont and Barker, JJ.
By the Court
— Marvin, P. J.
The point made by the *148defendant’s counsel is, that upon the facts, the law will not imply a promise of. indemnity; that no such promise will be implied, unless the principal by his conduct, and representations, induced the agent to believe that the act was innocent, while the principal Icnew it was not; that it is the deceit and fraud, upon the agent by the principal, that gives the innocent agent his cause of action for indemnity. They cite St. John v. St. John's Church (15 Barb., 346); Dunlap’s Paley on Agency, 153; and Howe…
2Cases cited2 opinions
- Howe v. Buffalo, New York and Erie Rail RoadNew York Supreme Court · 1862
- St. John v. St. John's ChurchNew York Supreme Court · 1851