Stillwell v. . Hurlbert
New York Court of Appeals
Appeal from the Supreme Court. Action upon a bond to the plaintiff, sheriff of Oswego, reciting the issuing of an execution directed to the plaintiff against one Eri D. Harrington, and that certain goods and chattels which appeared to belong to the latter were claimed by William H. Harrington and conditioned to indemnify the plaintiff and all persons aiding or assisting him in the premises, from all damages for levying upon and selling the property.
Read the full summary
Appeal from the Supreme Court. Action upon a bond to the plaintiff, sheriff of Oswego, reciting the issuing of an execution directed to the plaintiff against one Eri D. Harrington, and that certain goods and chattels which appeared to belong to the latter were claimed by William H. Harrington and conditioned to indemnify the plaintiff and all persons aiding or assisting him in the premises, from all damages for levying upon and selling the property. The breach was the recovery, by one Capron, of a judgment against Lee, a deputy of the plaintiff, for the seizure and sale by the latter of the…
1Opinion of the CourtHarris, J.
At the time the bond upon which this action is brought was executed, the plaintiff was sheriff of Oswego and Lee was his deputy. An execution in favor of the defendant against one Harrington, had been delivered to Lee as such deputy, and property in the possession of the defendant in the execution had been seized by him. To induce the deputy to sell the property thus taken in execution, and which might belong to some other person, the defendants, who were plaintiffs in the execution, executed the bond in question. Aware that any person claiming the property which had been taken might, at his…
2Cited by5 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Weaver v. Trustees of the Wabash & Erie CanalIndiana Supreme Court · 1867
- United States v. McCannOregon Supreme Court · 1901
- Bayerische Landesbank, New York Branch v. Aladdin CapitalCourt of Appeals for the Second Circuit · 2012
- Madison Avenue Baptist Church v. Baptist ChurchThe Superior Court of New York City · 1866