Platt v. Sherry
New York Supreme Court
Error from the Clinton common pleas. Platt sued Sherry in a justice’s court, in an action on the case', for malfeasance as a constable, and the cause was removed by appeal into the. common pleas.
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Error from the Clinton common pleas. Platt sued Sherry in a justice’s court, in an action on the case', for malfeasance as a constable, and the cause was removed by appeal into the. common pleas. An execution on a judgment in favor of Platt against one Cochran, was put into Sherry’s hands, with directions to levy it on the property of Cochran ; he did levy on some property, and after doing so, informed an agent of the plaintiff that he was afraid that the property did not belong to Cochran, but did not ask for any indemnity ; subsequently, without selling the property, he committed Cochran to…
1Opinion of the Court
By the Court,
Nelson, J.
The common pleas, in nonsuiting the plaintiff, were probably governed by the case of Pierce v. Sheldon, 13 Johns. R. 191, which was an action on the case, for neglecting to serve or return the execution within the limited time, and the judgment was reversed for a misconception of the action. No reason or authority is given for this decision, except that the statute provided a remedy expressly “ by action of debt.” 1 R. L. 395. Laws of 1824, p. 289, § 17. In this case the action is founded upon the express malfeasance of the officer in making a levy upon property…
2Cited by5 opinions
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