Baker v. . Kenworthy
New York Court of Appeals
Appeal from an order of the General Term in the Supreme Court, second judicial district, affirming an order directing the sheriff of Dutchess county to pay over moneys to Baker. January 4th, 1869, Levi L. Brooks recovered a judgment against one Berry for $161.49, in the Supreme Court, $111.49 of which was costs.
Read the full summary
Appeal from an order of the General Term in the Supreme Court, second judicial district, affirming an order directing the sheriff of Dutchess county to pay over moneys to Baker. January 4th, 1869, Levi L. Brooks recovered a judgment against one Berry for $161.49, in the Supreme Court, $111.49 of which was costs. Bansom Baker (the respondent) was Brooks’ attorney in obtaining the judgment. . On the 8th of January, execution was issued on said judgment, and delivered to the appellant, Bichard Kenworthy, sheriff of Dutchess county, for collection. The right to this judgment, when perfected, had…
1Opinion of the Court
This order should be affirmed for two reasons. First, the money paid into the hands of the sheriff on the execution in favor of Brooks, did not become the property of Brooks until it had been paid over to him. Until that was done, the sheriff could not levy upon it by virtue of the execution against Brooks then in his hands. (Carroll v. Cone, 40 Barb., 220.) Same case affirmed in this court. Argued January term, 1869, and decided at the March term. (Dubois v. Dubois, 6 Cowen, 494; Muscott v.Woodworth, 14 How., 477. Reversing the same case in 13 Howard, 377.)
Brooks, having assigned the cause…
2Cases cited3 opinions
- Curtis v. InneraritySupreme Court of the United States · 1848
- Ahl v. JohnsonSupreme Court of the United States · 1858
- Carroll v. ConeNew York Supreme Court · 1862
3Cited by13 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Clarke v. LarremoreSupreme Court of the United States · 1903
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Coates v. . First National B'k of EmporiaNew York Court of Appeals · 1883
- In re KenneyDistrict Court, S.D. New York · 1899
8 more not listed; retrieve them via the Exa API.