Kettle v. Lipe
New York Supreme Court
Demurrer to the defendants’ 6th plea. The declaration was in debt on a bond given to the plaintiff by the defendants and one John F*. Lipe, deceased, for the faithful performance by Lipe of the duties of deputy to the said plaintiff, who was then sheriff.
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Demurrer to the defendants’ 6th plea. The declaration was in debt on a bond given to the plaintiff by the defendants and one John F*. Lipe, deceased, for the faithful performance by Lipe of the duties of deputy to the said plaintiff, who was then sheriff. The bond was given on the 1st day of January, 1835, and the plaintiff alledged that several executions were put into the hands of Lipe during the years 1836 and 1837, which he neglected to execute, and that the plaintiff was sued therefor on the 24th day of February, 1847, before a justice of the peace, of which suit the defendants had…
1Opinion of the Court
By the Court, Hand, J.
The plea admits the default of the deputy sheriff Lipe, but relies upon the statute, which is, that “ all actions against sheriffs and coroners upon any liability incurred by them by the doing of any act in their official capacity, or by the omission of their official duty, except for escapes, shall be brought within three years after the cause of action shall have accrued, and not after that period.” (2 R. S. 296, § 22.) The declaration alledges that the deputy did not save the plaintiff harmless, and did not make a faithful application of all moneys which came to his…
2Cases cited6 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Kip v. BrighamNew York Supreme Court · 1810
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Elliot v. Cronk'sNew York Supreme Court · 1834
- Blasdale v. BabcockNew York Supreme Court · 1806
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thomas v. HubbellNew York Supreme Court · 1852