Bank of Rome v. Mott
New York Supreme Court
Demurrer to declaration. The plaintiffs declared against the defendant as late sheriff of the county of Oneida, incase, stating that they were [555] the holders, by assignment, of two judgments against one Robert McBride, rendered previous to the 25i/t Oct., 1833, amounting together to the sum of $1054, and that they were the holders of certain mortgages, executed by McBride upon his real estate, previous to the 2d November, 1834, amounting together to the sum of $15,600;…
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Demurrer to declaration. The plaintiffs declared against the defendant as late sheriff of the county of Oneida, incase, stating that they were [555] the holders, by assignment, of two judgments against one Robert McBride, rendered previous to the 25i/t Oct., 1833, amounting together to the sum of $1054, and that they were the holders of certain mortgages, executed by McBride upon his real estate, previous to the 2d November, 1834, amounting together to the sum of $15,600; that on the 25th October, 1833, the Bank of Utica obtained a judgment against McBride for $853,99, oil which an execution…
1Opinion of the Court
By the Court,
Cowen, J.
The short of the declaration is, that the [556] Bank of Utica «had a judgment against McBride, which bound his lands; that the plaintiffs held junior mortgages against McBride, which bound tile same lands; that the defendant, as sheriff, in executing a ji.fa., issued at the suit of the Bank of Utica, so negligently managed the personal property of McBride, that it did not bring its full value by 1000 dollars, so that this sum came in upon the mortgaged land and other lands, and took so much out of the plaintiff’s pocket. It is clear that such an action will not lie. The…
2Cited by7 opinions
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- Kennedy's Administratrix v. HammondSupreme Court of Missouri · 1852
- Logan v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
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