Coats v. . Darby
New York Court of Appeals
Coats sued Darby in the common pleas 'of Otsego county, for an assault and battery and false imprisonment. The defendant pleaded the general issue. On the trial, the plaintiff proved, that while he was sitting in a chair the defendant directed a constable who was present to arrest and take him to jail. The constable thereupon took the plaintiff, put him into a wagon and carried him to the county jail, where he was im prisoned.
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Coats sued Darby in the common pleas 'of Otsego county, for an assault and battery and false imprisonment. The defendant pleaded the general issue. On the trial, the plaintiff proved, that while he was sitting in a chair the defendant directed a constable who was present to arrest and take him to jail. The constable thereupon took the plaintiff, put him into a wagon and carried him to the county jail, where he was im prisoned. The defendant offered to prove that the constable had an execution against the plaintiff, upon which the arrest and imprisonment took place. This evidence was objected…
1Opinion of the CourtGardiner, J.
The plaintiff in the first instance established, by the clearest evidence, his cause of action. The question is, whether the defendant, under the plea of not guilty, could prove a regular judgment and execution, or pither of them, in bar or in mitigation of damages. This is the most, favorable view for the defendant. For, if he was not authorized to give the process or judgment in evidence, it is certain that parol evidence to that effect would be inadmissible.
Chi tty remarks, “that in trespass to persons, a justification under civil process, mesne or final, must always have been pleaded…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Herrick v. ManlyNew York Supreme Court · 1803
3Cited by4 opinions
- Perkins v. McCulloughOregon Supreme Court · 1899
- McCloskey v. PowellSupreme Court of Pennsylvania · 1891
- Green v. KennedyNew York Supreme Court · 1866
- Wentworth v. SawyerSupreme Judicial Court of Maine · 1884