Hatch v. Mann
New York Supreme Court
Error to the Yates common pleas. Mann sued Hatch before a justice, for services rendered in arresting one Gallup on a justice’s warrant at the .suit of Hatch. He proved that he declined the service, and that Hatch agreedto payhim well for it; that he employed a person to assist him; that they went to the house of Gallup at three o’clock in the morning, and about day-break succeeded in arresting nim.
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Error to the Yates common pleas. Mann sued Hatch before a justice, for services rendered in arresting one Gallup on a justice’s warrant at the .suit of Hatch. He proved that he declined the service, and that Hatch agreedto payhim well for it; that he employed a person to assist him; that they went to the house of Gallup at three o’clock in the morning, and about day-break succeeded in arresting nim. The service was proved to be worth $1,75. The defendant offered to prove, that at the time of the service of the warrant, Mann .was a constable, and that of course it was his duty to serve all…
1Opinion of the Court
By the Court,
Sutherland, J.
The evidence offered and rejected was admissible, but it would not have affected the plaintiff’s right to recover; its rejection therefore is no ground for reversing the judgment. The evidence shews that the arrest of Gallup was understood by both parties to require extraordinary efforts beyond those which an officer was strictly bound to make, or which could legally be required from him ? that the plaintiff watched most of the night, and finally arrested him. This, I think, is a good and legal consideration for a promise to pay what the extra service was worth.
As…
2Cited by7 opinions
- In re RussellSupreme Court of Connecticut · 1881
- McCarthy v. BonyngeNew York Court of Common Pleas · 1884
- People ex rel. Teed v. TeedNew York Supreme Court · 1867
- Meyer v. FosterWisconsin Supreme Court · 1862
- Rogers v. McCoachNew York Supreme Court · 1909
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