Mumford v. Armstrong

New York Supreme Court

Mumford v. Armstrong

4 Cow. 553

CourtNew York Supreme Court

DecidedAugust 15, 1825

StatusPublished

Cited by11 cases

This text of 4 Cow. 553 (Mumford v. Armstrong) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mumford v. Armstrong, 4 Cow. 553 (N.Y. Super. Ct. 1825).

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Opinion

Curia.

In the Bank of Orange v. Wakeman, (1 Cowen’s Rep. 46,) we held that the sheriff’s taking a promissory note for the money upon ajñ. fa. in his hands would not operate as payment, even though he returned the exe[554]*554cution satisfied. The draft, in this instance, not being a payment, the act of permitting the defendant to go at large was a voluntary escape, and the plaintiff clearly had a tight to issue another ca. sa. and proceed to the second arrest.

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Curia.

In the Bank of Orange v. Wakeman, (1 Cowen’s Rep. 46,) we held that the sheriff’s taking a promissory note for the money upon ajñ. fa. in his hands would not operate as payment, even though he returned the exe[554]*554cution satisfied. The draft, in this instance, not being a payment, the act of permitting the defendant to go at large was a voluntary escape, and the plaintiff clearly had a tight to issue another ca. sa. and proceed to the second arrest.

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Bluebook (online)

4 Cow. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mumford-v-armstrong-nysupct-1825.

Opinion

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