Preston v. Bacon
Supreme Court of Connecticut
This was an action on a promissory note for 100 dollars. On the day preceding the date of the note, Marcus De Forest of Woodbury, having in his hands an execution in his favour against the present defendant, Chauncey Whittlesey and three other persons, for the sum of 6,532 dollars, 25 cents; and having received information, that the defendant, whose place of abode was at New-Haven, and who was the only or chief responsible debtor in the execution, was, at that time, at…
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This was an action on a promissory note for 100 dollars. On the day preceding the date of the note, Marcus De Forest of Woodbury, having in his hands an execution in his favour against the present defendant, Chauncey Whittlesey and three other persons, for the sum of 6,532 dollars, 25 cents; and having received information, that the defendant, whose place of abode was at New-Haven, and who was the only or chief responsible debtor in the execution, was, at that time, at Roxbury, at the house of said Whittlesey, his son-in-law, delivered such execution to the plaintiff, a deputy of the sheriff…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff, a deputy to the sheriff of Litchfield county, having in his hands an execution for service, levied it on the bodies of the defendant and one Whittlesey, at Roxbury; and thence proceeded with them towards the county gaol, as far as Woodbury. At this place, without the advice, assistance, or interference of the plaintiff, the execution creditor received of the said Bacon, lands at appraisement, in full satisfaction of the execution. Before the plaintiff would release Bacon and Whittlesey from custody, he demanded as fees on the execution, one hundred dollars; to…
2Cases cited3 opinions
- Hildreth v. ElliceNew York Supreme Court · 1803
- Farrar v. BartonMassachusetts Supreme Judicial Court · 1809
- Carey v. PrenticeConnecticut Superior Court · 1784
3Cited by11 opinions
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- Grievance Committee v. EnnisSupreme Court of Connecticut · 1911
- Peck v. City National Bank of Grand RapidsMichigan Supreme Court · 1883
- St. L., I. M. & So. Ry. Co. v. GraftonSupreme Court of Arkansas · 1889
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