Legal Opinion

Storm v. Woods

New York Supreme Court

Decided May 15, 1814PublishedCited by 8 opinions

THIS was an action on the case against the defendant, as late sheriff of Washington county, for a false return on a test. Ji. fa. against Peter Hilton, at the suit of the plaintiffs. The declaration contained two counts: the first charged a ® false return of nulla bona, after the defendant had seized and levied on sufficient property of Hilton to satisfy the execution.

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THIS was an action on the case against the defendant, as late sheriff of Washington county, for a false return on a test. Ji. fa. against Peter Hilton, at the suit of the plaintiffs. The declaration contained two counts: the first charged a ® false return of nulla bona, after the defendant had seized and levied on sufficient property of Hilton to satisfy the execution. The second count, averring that Hilton had sufficient goods, &c. within the bailiwick of the defendant, on which he might and ought to have levied the amount endorsed on the execution, but ^ nob ^c* though he had notice, &c.…

1Per curiam

This case comes within the principle laid down and recognised by this court, in the case of Whipple v. Foot, (2 Johns. Rep. 422.) that if a creditor seize the goods of his debtor, on an execution, and suffer them to remain in his hands, the execution is deemed fraudulent and void, as against a subsequent execution. This rule has been long established in the English courts,(a) and is founded upon reasons best calculated to prevent fraud.

So far as the facts disclosed at the trial were proper to be ' submitted to a jury, they must be understood to have been found b.y them. That the property was…

2Cases cited2 opinions

  1. Lessee of Eshelman v. HokeSupreme Court of Pennsylvania · 1799
  2. Levy v. WallisSupreme Court of the United States · 1799

3Cited by8 opinions

  1. Davidson v. WaldronIllinois Supreme Court · 1863
  2. Rew v. BarberNew York Supreme Court · 1824
  3. Newton v. NunnallySupreme Court of Georgia · 1848
  4. Excelsior Needle Co. v. Globe Cycle WorksAppellate Division of the Supreme Court of the State of New York · 1900
  5. Colby v. CressySuperior Court of New Hampshire · 1830

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