Wakefield v. Lithgow
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Kennebeck, for not returning an execution, and for not paying over to the plaintiff, moneys received by him in satisfaction of the execution after the return day.
1Opinion of the Court
By the Court.
The plaintiff is entitled to judgment on the verdict, unless the defendant can, from the facts agreed, support his claim to a deduction of the sum of 254 dollars, sent by him to the plaintiff’s attorney, through the medium of the post-office, but which was never received by the plaintiff or his attorney. If the defendant was authorized by the letter to the plaintiff’s attorney to remit that sum in that manner, at that time, the loss must fall *220on the plaintiff; if not, the plaintiff must have judgment on the verdict.
When a sheriff has received money to satisfy an execution, it is…
2Cited by6 opinions
- Grayson v. WilkinsonMississippi Supreme Court · 1845
- Gurney v. HoweMassachusetts Supreme Judicial Court · 1857
- Moody v. MahurinSuperior Court of New Hampshire · 1828
- Currier v. Continental Life InsuranceSupreme Court of New Hampshire · 1873
- Bulfinch v. BalchSupreme Judicial Court of Maine · 1831
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