Dunning v. Humphrey

Decided May 15, 1840

New York Supreme Court · decided 1840-05-15

Demurrer to plea. The plaintiff declared on an attachment bond executed by Humphrey and Clark, on the commencement of a suit in a justice’s court, by Humphrey against Dunning.

Cited by 1 later decisions — most recently July 1873

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1840-05-15

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¶1By the Court,

Nelson, Ch. J.

¶2The plea is bad, as the action is brought for the recovery of unliquidated damages. Besides the costs of defending the attachment suit, the plaintiff here is entitled to such damages as a jury may think he has sustained by the wrongful seizing and detaining [ *32 ] of his property. If it was taken out of his pessession, he may *be entitled to the value of it; if seized and left in hia possession, to such damages as may be awarded for the unlawful intermeddling with the property.

¶3Judgment for plaintiff.