Newton v. Porter
New York Supreme Court
This is an appeal from a judgment entered upon the findings and decision of one of the justices of this court, in an action tried before him at Special Term, without a jury.
Read the full summary
This is an appeal from a judgment entered upon the findings and decision of one of the justices of this court, in an action tried before him at Special Term, without a jury. None of the evidence is set forth in the case, both parties acquiescing in the findings of facts by the judge, which are, in substance, as follows: One Elizabeth Newton, of Homer, Cortland county, was, in November, 1868, the owner of government and other bonds to the amount of $14,000, and she died on the 16th of that month, leaving the plaintiff in this action her only child and heir-at-law, who, with her husband,…
1Opinion of the CourtPotter, J.
With great deference and respect for the learned judge who found the facts in this case, I am compelled to differ with him totally in his legal conclusions. It would be, in my opinion, a most lamentable proposition to adopt, into either the legal or equitable jurisprudence of this country, that, by established principles of law, the thief can be protected from legal liability to the owner of property from whom he has stolen it, while one who has obtained it by only a misdemeanor or a fraud can be held liable. This, as I understand *422the conclusions of law found in the case, is the ground upon…
2Cases cited5 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bassett v. . SpoffordNew York Court of Appeals · 1871
- Gordon v. . HostetterNew York Court of Appeals · 1867
- President v. HuntNew York Court of Chancery · 1842
3Cited by4 opinions
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Jennings v. JonesNew York Surrogate's Court · 1876
- People v. PiatAppellate Terms of the Supreme Court of New York · 1897