De Shields v. Creamer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George D. De Shields, Jr., as assignee of George D. De Shields for the benefit of creditors, from an drder of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of April, 1899, substituting the indemnitors of the sheriff as defendants in this action in his place.
1Opinion of the Court
Cullen, J.:
This action is brought to recover damages in the sum of $15,000 for trespass in wrongfully levying and detaining certain personal property of the plaintiff, and also for wrongfully consuming, wast- . ing and destroying such property. The defendant justifies under attachments issued against the plaintiff’s assignor. Before answer, upon an affidavit that Joseph Beck and Michael Y. Dorney had, by bond in the penalty of $1?800, indemnified him upon such seizure, the defendant moved to substitute said indemnitors as defendants in his place. The plaintiff and the indemnitors alike…
2Cases cited3 opinions
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Hein v. . DavidsonNew York Court of Appeals · 1884
- Levy v. DunnAppellate Division of the Supreme Court of the State of New York · 1899