Ansonia Brass and Copper Co. v. . Babbitt
New York Court of Appeals
Appeal from judgment of the General Term of thé Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury.
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Appeal from judgment of the General Term of thé Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. This action was brought to recover against defendant, as sheriff of the county of Jefferson, the amount of an execution issued to him as such, the complaint alleging that after a levy upon sufficient property of the judgment debtor to satisfy the execution, defendant illegally released the levy and returned the execution unsatisfied. On the 26th June, 1876, defendant as such sheriff, by…
1Opinion of the CourtAndrews, J.
The sheriff having levied upon property of Frink sufficient to satisfy the execution, and returned it unsatisfied, is prima facie liable to the plaintiff for the amount of the judgment. It was incumbent upon him, in order to relieve himself from liability, to show some legal excuse for not collecting the execution. The fact that the property, subsequent to the levy, was taken by the marshal, under the warrant in the bankruptcy proceedings, and by him turned over to the assignee, did not exonerate the sheriff from liability, although it was taken, as the judge found, without the consent and…
2Cases cited4 opinions
- Wilson v. City BankSupreme Court of the United States · 1873
- Gorham v. GaleNew York Supreme Court · 1827
- Mickles v. HartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by20 opinions
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
- State v. Harry C. Clark & United States Fidelity & Guaranty Co.Supreme Court of Delaware · 1941
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Ansonia B. and C. Co. v. . ConnerNew York Court of Appeals · 1886
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