Legal Opinion

Eighth Nat. Bank of City of N.Y. v. . Fitch

New York Court of Appeals

Decided May 28, 1872PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Supreme Court in the third department, affirming a judgment entered in favor of defendant on the report of a referee. The action was for a false return. The defendant was, at the time of the occurrences alleged in the complaint, sheriff of the county of Albany.

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Appeal from judgment of the General Term of the Supreme Court in the third department, affirming a judgment entered in favor of defendant on the report of a referee. The action was for a false return. The defendant was, at the time of the occurrences alleged in the complaint, sheriff of the county of Albany. A judgment was rendered on the 27th February, 1867, in favor of the plaintiff, against John Murphy and Robert McDonald for $1,179.80. On the 28th of February, 1867, an execution upon this judgment was delivered to one of the defendant’s deputies, who on the same day made a general levy…

1Opinion of the CourtGrover, J.

In addition to proving the return of nulla bona upon the execution, to entitle the plaintiff to recover it was necessary for him to prove that the execution debtors had property out of which the execution, or some part thereof, might have been collected. The execution was against two of three partners. There was no proof tending to show that either of them had any property subject to levy except their interest in the partnership stock of goods, amounting to about $6,000. The execution was received by the defendant for collection on the 27th of February, 1867, and a levy made upon the interest…

2Cases cited3 opinions

  1. Walsh v. AdamsNew York Supreme Court · 1846
  2. Scrugham v. CarterNew York Supreme Court · 1834
  3. Smith v. . OrserNew York Court of Appeals · 1870

3Cited by3 opinions

  1. Hooley v. GieveNew York Court of Common Pleas · 1878
  2. New York Commercial Co. v. FrancisCourt of Appeals for the Second Circuit · 1900
  3. Ryder v. GilbertNew York Supreme Court · 1878

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