McCoy v. Curtice
New York Supreme Court
Error from the Orange common pleas. McCoy sued Curtice in an action of trover for a watch; the defendant pleaded the general issue. The plaintiff proved the taking of the watch and its value. The defendant justified as collector of a school district, viz. school district No. 15, situate partly in the town of Warwick and partly in the town of Goshen, in the county of Orange.
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Error from the Orange common pleas. McCoy sued Curtice in an action of trover for a watch; the defendant pleaded the general issue. The plaintiff proved the taking of the watch and its value. The defendant justified as collector of a school district, viz. school district No. 15, situate partly in the town of Warwick and partly in the town of Goshen, in the county of Orange. He produced a warrant signed by S. Jayne and J. Fox, as trustees of the school district, commanding certain monies to be levied as a tax, and amongst others, of McCoy, and proved by parol that Jayne and Fox were reputed to…
1Opinion of the Court
By the Court,
Sutherland, J.*
It is a general rule in
relation to all public officers, that they may establish their official character, by proving that they are generally reputed to be, and have acted as such officers, without producing their commission or other evidence of their appointment. This is well established, as to all peace officers, sheriffs, constables, justices of the peace, &c. 4 T. R. 366. Potter v. Luther, 3 Johns. R. 431. Cowen’s Tr. 572, note m. 6 Binn. 88. 9 Mass. R. 231. 7 Johns. R. 549. 9 id. 125. 12 id. 296. Wilcox v. Smith, 5 Wend. 231. 16 Viner, 113, 14. In Rex v. Jones,…
2Cases cited3 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Wilcox v. SmithNew York Supreme Court · 1830
- Young v. Commonwealth ex rel. BoalsSupreme Court of Pennsylvania · 1813
3Cited by27 opinions
- State v. AbbeySupreme Court of Vermont · 1856
- Wells v. State ex rel. PedenIndiana Supreme Court · 1911
- Carroll v. AlsupTennessee Supreme Court · 1901
- Miller v. GarlockNew York Supreme Court · 1850
- Doughty v. HopeNew York Supreme Court · 1846
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