Cantor v. Grant
New York Supreme Court
At chambers. Action by Herman Cantor against Hugh J. Grant, sheriff of the city and county of New York, for the wrongful levy of executions on property of the estate of one Isaac Sickle, which had theretofore been assigned to plaintiff for the benefit of said Sickle’s creditors. Defendant, having taken an indemnifying bond from the attaching creditors before making tlie levy, now moves to substitute the obligors in said bond as defendants in his stead. Code Civil Proc.
Read the full summary
At chambers. Action by Herman Cantor against Hugh J. Grant, sheriff of the city and county of New York, for the wrongful levy of executions on property of the estate of one Isaac Sickle, which had theretofore been assigned to plaintiff for the benefit of said Sickle’s creditors. Defendant, having taken an indemnifying bond from the attaching creditors before making tlie levy, now moves to substitute the obligors in said bond as defendants in his stead. Code Civil Proc. H. Y. § 1421, as amended by Laws 1887, c. 182, reads as follows: “ Where an action to recover a chattel or chattels hereafter…
1Opinion of the CourtIngbahah, J.
The provisions of section 1421 of the Code, as amended in 1887, apply to this case, and required the court to grant the order substituting the indemnitors as defendants in the action in place of the defendant. The section provides for the case of one or more levies, one or more judgment creditors, and one or more bonds of indemnity, and I am inclined to think, by the modification of the section in 1887, it was the intention of the legislature to take away the discretion vested in the court by the provision of the Code in force prior to the amendment. Ho other construction of the section can…
2Cases cited1 opinion
- Hein v. . DavidsonNew York Court of Appeals · 1884
3Cited by1 opinion
- Cantor v. ClaflinNew York Supreme Court · 1890