Clark v. . Woodruff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made September 1st, 1879, affirming a judgment in favor of defendants entered upon the report of the referee.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made September 1st, 1879, affirming a judgment in favor of defendants entered upon the report of the referee. (Reported below, 18 Hun. 417.) This action was brought by plaintiff upon a bond of indemnity executed by the defendants to the plaintiff, as marshal, which bond is as follows : “ Know all men by these presents, that we, Albert G. Wood-ruff, Francis J. Morris and Charles Morgan, are held and firmly bound unto Marvin R. Clark in the sum of one thousand dollars, lawful…
1Opinion of the CourtFinch, J.
The condition of the bond given to the marshal is differently construed by the opposite parties. The officer relies upon its express language and literal terms, and insists that its protection for a levy upon or sale of any property which he ‘‘shall or may judge to belong to the said judgment debtor,” covered all his acts previous to the execution of the bond, and his levy made thereafter upon the goods in the Third avenue store. Assuming, as the referee has found, that this last levy was made without the knowledge or authority of the defendants, the interpretation of the marshal is that he…
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