Gray v. Griswold
New York Supreme Court
This is a motion on the part of the plaintiffs that the sheriff of Wayne county be required to apply on the execution in this action of moneys in his hands the sum of f-7926. The motion is founded on the following facts; After the commencement of their action the plaintiffs obtained an attachment against the defendant, by virtue of which the sheriff seized certain property of the defendant.
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This is a motion on the part of the plaintiffs that the sheriff of Wayne county be required to apply on the execution in this action of moneys in his hands the sum of f-7926. The motion is founded on the following facts; After the commencement of their action the plaintiffs obtained an attachment against the defendant, by virtue of which the sheriff seized certain property of the defendant. Judgment was afterwards obtained and the execution issued and delivered to the sheriff. Subsequent to the seizure under the attachment, another creditor of the defendant commenced an action against him,…
1Opinion of the Court
T. R. Strong, Justice..
The effect of granting this motion would be to charge the defendant with the interest on the plaintiffs’ judgment, after the sheriff had collected from his property sufficient to pay it, during .the period the money was stayed in the sheriff’s hands. Whatever should be taken to pay the interest would otherwise apply upon the second execution, and to that extent relieve the defendant from liability. No good reason is perceived why this loss should be imposed upon the defendant; on the contrary it appears to me it would be most unjust and oppressive. He did not procure…
2Cases cited2 opinions
- Stevens v. BarringerNew York Supreme Court · 1835
- Lawrence v. MurrayNew York Court of Chancery · 1831