Cornell v. Cook
New York Supreme Court
Teoveb, for household furniture, and other articles; tried at the Montgomery circuit, in December, 1826, before Walworth, 0. Judge; when the following facts were . in evidence : The plaintiff was a constable, and held two justice’s executions against Sternburgh, of $50 37, issued on judgments rendered in favor of Ehle and Cook, on the 10th of February, 1824. One execution issued March 31st was renewed July 19th, and again December 23d, 1824. The other issued July 19th, and…
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Teoveb, for household furniture, and other articles; tried at the Montgomery circuit, in December, 1826, before Walworth, 0. Judge; when the following facts were . in evidence : The plaintiff was a constable, and held two justice’s executions against Sternburgh, of $50 37, issued on judgments rendered in favor of Ehle and Cook, on the 10th of February, 1824. One execution issued March 31st was renewed July 19th, and again December 23d, 1824. The other issued July 19th, and was renewed December 23d, in the same year. Both were issued on oath, and returnable in 90 days. With these executions,…
1Opinion of the Court
Curia, per Savage, Ch. J.
The first question is, whether the indorsement of ■ a levy upon the executions, in the plaintiff’s hands, and' -by the plaintiff himself, is sufficient evidence of the fact, to enable him to maintain trover or trespass, against a third person, who intermeddless with the property levied on.
We have several times decided, and I think correctly, that such an indorsement is, prima fade,, sufficient. It is an official act required by the statute; and every presumption is in favor of a public officers faithful performance.of *313his duty. It seems to be sufficient also upon the…
2Cases cited2 opinions
- Smith v. JonesNew York Supreme Court · 1818
- Wickham v. MillerNew York Supreme Court · 1815
3Cited by5 opinions
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