Singer v. Knott

Greenbaum, J.:

The action was brought against the defendant, sheriff of the county of New York, for damages for an alleged escape of one Bernard Singer, plaintiff’s husband, who it is stated in the complaint had been arrested on June 21, 1918, by the defendant pursuant to an order of arrest granted by a justice of the Supreme Court, and who after such arrest was permitted to escape and go free, without defendant’s taking, exacting or receiving the bail of $500 fixed by the order.

The only issue which the learned court submitted to the jury was whether or not there had been an arrest. The jury…