11 Johns. 175 | N.Y. Sup. Ct. | 1814
delivered the opinion of the court. The statute (sess. 31. c. 204. s. 23.) requires the justice, before issu
The evidence offered to shoxv that the property taken under the attachment had been restored to the plaintiff after this suit xvas brought, ought to have been received in mitigation of damages. The plaintiff by his action, seeks to recover not only damages for the taking, but also the value of the property. It xvould be unjust to allow him the value, after the property had been restored to him. It is immaterial as to the person from xvhom he received the property; having received it, he is not entitled to a compensation for it. If the restoration of the property had been made before the commencement of the suit, it could not have been pleaded in bar of the suit, which is as xvell for the taking and detention, as the value of the goods; nor, for the same reason, could it have been pleaded puis darrein conn
Judgment for the plaintiff, for gix cents.
By the new revised act, (sees. 36. c. 53. s. 23. 1 N. R. L. 398.) passed April 5,1813, the justice is required to have satisfactory proof, by at least one dispute-rested -witness.