Parsons v. Bowdoin
New York Supreme Court
This was an action of assumpsit, tried at the Monroe circuit in May, 1835, before the Hon, Addison Gardiner, one of the circuit judges. This suit was brought by the plaintiff as sheriff of the county of Monroe, to recover the poundage and other fees upon a ji. fa. issued by the defendant attorney for the plaintiffs in the execution. The amount directed to be levied was about §4,200 with interest.
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This was an action of assumpsit, tried at the Monroe circuit in May, 1835, before the Hon, Addison Gardiner, one of the circuit judges. This suit was brought by the plaintiff as sheriff of the county of Monroe, to recover the poundage and other fees upon a ji. fa. issued by the defendant attorney for the plaintiffs in the execution. The amount directed to be levied was about §4,200 with interest. The execution came to the hands of the sheriff in the early part of August, 1833, and he was directed to levy on a mill in the possession of the defendant. The sheriff levied accordingly and…
1Opinion of the Court
By the Court,
Bronson, J.
The attorney directed the sheriff on what property to levy; the levy was made in pursuance of his instructions, and the property was of sufficient value to satisfy the execution. The creditor afterwards arranged the matter with the debtor—taking the notes of a third person for the amount of a judgment—and ordered the sheriff to proceed no further. In such a case, I think the sheriff entitled to poundage on the whole sum directed to be levied; and that it was no answer to the claim to show that the property would probably have brought little or nothing if it had been…
2Cases cited2 opinions
- Hildreth v. ElliceNew York Supreme Court · 1803
- Bolton v. LawrenceNew York Supreme Court · 1832
3Cited by15 opinions
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- Seymour Manufacturing Co. v. TarnopolNew York Supreme Court · 1959
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