Jones v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by Nicholas J. Hayes, as sheriff, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1906, in éffect denying his motion to require the defendant Gould to pay the sheriff’s fees for the service and executiqn of an attachment, and also from an order entered in said clerk’s office on the 20th day of-December, 1906, denying a motion for a reargument.
1Opinion of the Court
Ingraham, J.:
An attachment had been issued in this case which had been executed by the sheriff by levying upon $500,000, the property of the defendant Gould, on deposit in the Mercantile Trust Company. Gould then gave an undertaking in the sum of $500,000 under sec*818tions 687 and 688 of the Code of Civil Procedure to release the levy of the attachment, and upon that undertaking moved for an order discharging the attachment, alleging that the property levied on was his individual property and that he had given- an undertaking for the discharge of the said attachment, duly approved by a justice…
2Cases cited6 opinions
- Lawlor v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- M. H. Treadwell & Co. v. Mead Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1905
- Tribune Ass'n v. Eisner & Mendelson Co.Appellate Division of the Supreme Court of the State of New York · 1900
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3Cited by2 opinions
- Green River Distilling Co. v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1922
- French v. Bankverein SuisseAppellate Division of the Supreme Court of the State of New York · 1917