Rosenberg v. Flack
New York Supreme Court
Appeal from special term, New York county. Four actions by Charles Rosenberg, Alfred Adler and others, Carl'Eggerbreeht and others, and Morris Boley, respectively, against James A. Flack, to recover goods seized by defendant as sheriff under execution against John Brandt. Orders of discontinuance in the several actions were set aside, and the execution debtor, Brandt, was made a defendant therein, and plaintiffs appeal.
1Opinion of the CourtDaniels, J.
Louis Tobias, in the early part of November, 1889, recovered a judgment against John Brandt, and issued an execution thereon to the sheriff of the county of New York, who levied upon the goods in the store of the debtor. After that levy, and in the early part of the same month, the plaintiffs in these four actions commenced their suits in replevin to recover portions of the property levied upon by the sheriff. The judgment creditor was requested to indemnify the sheriff against these actions, and he failed to do so, and, by an agreement between the attorney for the sheriff and the attorney…
2Cited by1 opinion
- Rosenberg v. CourtneyNew York City Court · 1894