Metcalf v. . Stryker
New York Court of Appeals
The defendant, as sheriff, had process for the arrest of George 0. Heinman, at the suit of the plaintiff. On the 20th of August, 1857, he arrested Heinman, and took from him an undertaking, with sureties, who justified before the sheriff. On the 25th of August, the defendant served on plaintiffs’ attorney a copy of the undertaking and justification. On the 26th of August, the plaintiffs’ attorney served on the defendant notice that they did not accept the bail.
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The defendant, as sheriff, had process for the arrest of George 0. Heinman, at the suit of the plaintiff. On the 20th of August, 1857, he arrested Heinman, and took from him an undertaking, with sureties, who justified before the sheriff. On the 25th of August, the defendant served on plaintiffs’ attorney a copy of the undertaking and justification. On the 26th of August, the plaintiffs’ attorney served on the defendant notice that they did not accept the bail. The bail did not justify, nor did the defendant serve any notice of justification. Judgment was obtained in August, 1858, and…
1Opinion of the CourtIngraham, J.
The decision of the question raised upon the trial of this action depends upon the question whether the defendant is liable in this case for an escape, or whether he is to be considered as bail for the defendant Heinman, and liable as such bail. If the action is one against the sheriff for an escape, it is well settled that the insolvency of the debtor may be given in evidence in mitigation of damages. (Patterson v. Westervelt, 17 Wend., 543; Potter v. Lansing, 1 Johns., 215; Russell v. Turner, 7 id., 189.) In the latter case, Thompson, J., says: “ It was admitted by the plaintiff’s counsel,…
2Cases cited7 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Patterson v. WesterveltNew York Supreme Court · 1837
- Potter v. LansingNew York Supreme Court · 1806
- Stevens v. RoweNew York Supreme Court · 1846
- Palmer v. GallupSupreme Court of Connecticut · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bensel v. . LynchNew York Court of Appeals · 1870
- Brady v. . BrundageNew York Court of Appeals · 1874
- People ex rel. Metcalf v. DikemanNew York Court of Appeals · 1868
- Slagle v. BurdenAppellate Division of the Supreme Court of the State of New York · 1933
- Winborne v. . MitchellSupreme Court of North Carolina · 1892
7 more not listed; retrieve them via the Exa API.