Johnson Bros. & Co. v. Reilly
New York Supreme Court
Johnson Bbos. & Co., Bates, Reed & Cooley, Lee, Tweedy & Co., and several other judgment creditors of the late firm ¡of Rogers & Orr Bros., brought actions last spring against ■ex-sheriff Reilly to recover, in the aggregate, about $25,000 for alleged false returns of the several executions issued by them and levied upon the store of the judgment debtors, Nos. 183, 185 and 187 Eighth avenue.
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Johnson Bbos. & Co., Bates, Reed & Cooley, Lee, Tweedy & Co., and several other judgment creditors of the late firm ¡of Rogers & Orr Bros., brought actions last spring against ■ex-sheriff Reilly to recover, in the aggregate, about $25,000 for alleged false returns of the several executions issued by them and levied upon the store of the judgment debtors, Nos. 183, 185 and 187 Eighth avenue. Executions in favor of H. B. Claflin & Co., aggregating $55,000, were previously levied on the samé property. The sheriff returned the first execution of $31,000 satisfied to the extent of $28,000, and…
1Opinion of the Court
Westbrook, J. —
The fifth and sixth claims, with the-schedule attached, should be stricken out because they con*356tain, as they stand, neither ip themselves or in any facts averred in the first defense, any defense. It is nowhere averred in that part of the answer that the executions in favor of Claflin & Co. were ever levied upon the property of the defendants during their life (Smith agt. Smith, 60 N. Y., 161), or that they could have been, or that the property was exhausted by a sale thereof under such executions) or that the property was not ample to satisfy their execution as well as that of…
2Cases cited1 opinion
- Smith v. . SmithNew York Court of Appeals · 1875