B. P. Ducas Co. v. American Silk Dyeing & Finishing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the B. P. Ducas Company against the American Silk Dyeing & Finishing Company and Wm. J. O’Brien, sheriff, etc. From an order taxing the sheriff’s poundage against defendant dyeing and finishing company, it appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
In January, 1903, an attachment was issued in this action against defendant’s property, on the ground of its non-residence, to secure plaintiff’s claim of $693 and interest, and on the 26th day of that month the sheriff served copies of the warrant on two- or three persons alleged to be indebted to the defendant. On the 28th of January the defendant, without notice to the sheriff, gave the usual undertaking, and procured an order discharging the attachment as to any and all property of the defendant. The sheriff demanded poundage from defendant, to be calculated upon the amount of plaintiff’s…
2Cases cited5 opinions
- Lawlor v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- M. H. Treadwell & Co. v. Mead Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Tribune Ass'n v. Eisner & Mendelson Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Esselsteyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903