Hobbs, Gent. one, & v Branscomb, Drinkwater, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 08 July 1813 |
| Date | 08 July 1813 |
| Court | High Court |
English Reports Citation: 170 E.R. 1431
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Attornies, Windus and Shaw.
[420] ik the court of king's bench, at the sittings after trinity term, in the fifty-third year of the reign of george III. [1813]. First Sittings after Term at Westminster. Thursday, July 8, 1813. hobbs, gent. one, &c v. branscomb, drinkwater, and others. (A peace officer may justify taking a person into custody charged with a felony, although no felony was committed. The same rule stated to have been laid down by Buller, J. with respect to a breach of the peace ) This was an action for false imprisonment, to which Branscomb and Drinkwater pleaded the general issue, a ad the other defendants suffered judgment by default. The plaintiff, who is an attorney, was employed by Mrs. Rye to recover a legacy for her of 170. After some litigation, a meeting took place for the purpose of paying it. The executors from whom it was due then fcjld out the money in Bank of England notes. Mrs. Rye, not being able to read, gave the notes to the plaintiff, that he might see they were right He counted them over , but instead of returning them to her, put them in his pocket, saying he had a demand upon her for his bill (which amounted to about 20), and that he would settle with her by and by. Under the advice of the other defendants, who had suffered judgment by de-[421]-fault, she immediately called in Branseomb and Drinkwater, who were constables, accused him of having stolen he* money, and gave him in charge for the felony, desiring that they would carry him before the Lord Mayor. They accordingly took him to the Mansion House, where the notes were restored to Mrs. Rye Park, for the plaintiff, insisted that the officers could not justify the imprisonment, as no felony had been committed, g&kow, A. G., contra, cited Samuel v. Payne, Doug 358, and the MS note of...
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