Heinmuller v. Abbott
The Superior Court of New York City
Appeal from a judgment. The point raised upon the appeal appears from the opinion of the court.
1Opinion of the Court
By the Court.—Sedgwick, J.
The complaint alleged that one Hiram B. Cray obtained a judgment against one Appell, that execution was issued thereon ; that the sheriff under this execution levied upon and sold the property of the plaintiff, and that he was induced to this by the defendants, by means of a bond of indemnity given by them to him.
The-testimony showed that the bond was given by the defendants after levy and before sale.
An important question upon the trial related to the value of the property said to have been unlawfully taken. As to this the defendants offered in evidence the accounts…
2Cases cited3 opinions
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Gill v. . McNameeNew York Court of Appeals · 1870
- Dixon v. BuckNew York Supreme Court · 1864