Prividi v. O'Brien
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an interlocutory judgment of . the City Court of the city of .New York, overruling plaintiff’s demurrer to the separate defense contained in paragraph IV of the answer.
1Opinion of the CourtFreedman, P. J.
The prior history of this case sufficiently appears in the report of the case of G-arofalo v. Prividi, 43 Misc. Rep. 359. The present action arises out of the claim of one of the sureties of the plaintiff against the sheriff for damages sustained by reason of a false return made by the sheriff to an execution issued against the person of the plaintiff, which claim was assigned by said surety to the plaintiff. Paragraph IV of the answer, containing the defense demurred to, stripped of everything except the essential allegation, states as a partial defense that the plaintiff and the said surety…
2Cases cited3 opinions
- Cozine v. . WalterNew York Court of Appeals · 1873
- Garofalo v. PrividiAppellate Terms of the Supreme Court of New York · 1904
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901