Morowitz v. Dadourian Export Corp.

The plaintiffs brought an action to recover the sum of $5,972.36 for goods sold and delivered. The defendant interposed a'counterclaim in the sum of $2,921.49, and caused a warrant of attachment to be served upon the plaintiffs’ debtor, a foreign corporation. The sheriff levied against a debt owing to the plaintiffs amounting to $2,275.87. The parties then stipulated to settle and discontinue their respective causes of action. The sole question presented on this motion to vacate and set aside the warrant of attachment is whether the sheriff is entitled to poundage.

It is not disputed that the…