William B. Crawford & Co. v. Slack

Superior Court of Delaware

William B. Crawford & Co. v. Slack

1 Del. 122

DecidedJuly 1, 1832

StatusPublished

This text of 1 Del. 122 (William B. Crawford & Co. v. Slack) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

William B. Crawford & Co. v. Slack, 1 Del. 122 (Del. Ct. App. 1832).

Pincite

Opinion

By the Court.

—The constable was entitled to the possession of the goods if any one: they must have been delivered to him if produced, and not to the plff. The endorsement shows that he made the demand and the plff. is a witness to it. From these circumstances it would seem that the covenant was in fact with the constable. It is doubtful whether we can go out of the deed at all to show to whom it was given; but, if we can, it must be governed by the delivery which was to the constable. Theobald on Principal and Surety 20.

Paper rejected and plff. nonsuited.

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By the Court.

—The constable was entitled to the possession of the goods if any one: they must have been delivered to him if produced, and not to the plff. The endorsement shows that he made the demand and the plff. is a witness to it. From these circumstances it would seem that the covenant was in fact with the constable. It is doubtful whether we can go out of the deed at all to show to whom it was given; but, if we can, it must be governed by the delivery which was to the constable. Theobald on Principal and Surety 20.

Paper rejected and plff. nonsuited.

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Bluebook (online)

1 Del. 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-b-crawford-co-v-slack-delsuperct-1832.