Peck v. Gurney

New York Supreme Court

Peck v. Gurney

2 Hill & Den. 605

DecidedMay 15, 1842

StatusPublished

This text of 2 Hill & Den. 605 (Peck v. Gurney) 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

Peck v. Gurney, 2 Hill & Den. 605 (N.Y. Super. Ct. 1842).

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Opinion

By the Court,

Cowen, J.

The only question in this case is, whether goods regularly seized by way of distress for rent, can be sold so as to pass the title to a purchaser, if, intermediate the seizure and sale, the officer lose his affidavit and warrant, and they be not afterwards found. The ruling of the circuit judge was, in effect, that the officer, .by losing the paper, lost his authority to proceed; and con[606]*606sequently the purchaser was denied the right of giving secón-, dory evidence of their contents. In this we think there was error. The statute, (2 R. S. 412, § 9, 2d ed.,) which requires these papers to be filed, has not made them an exception to the general rule respecting instruments lost or destroyed.

New trial granted.

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By the Court,

Cowen, J.

The only question in this case is, whether goods regularly seized by way of distress for rent, can be sold so as to pass the title to a purchaser, if, intermediate the seizure and sale, the officer lose his affidavit and warrant, and they be not afterwards found. The ruling of the circuit judge was, in effect, that the officer, .by losing the paper, lost his authority to proceed; and con[606]*606sequently the purchaser was denied the right of giving secón-, dory evidence of their contents. In this we think there was error. The statute, (2 R. S. 412, § 9, 2d ed.,) which requires these papers to be filed, has not made them an exception to the general rule respecting instruments lost or destroyed.

New trial granted.

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Bluebook (online)

2 Hill & Den. 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-gurney-nysupct-1842.