Town of Irvington ex rel. Warranty Building & Loan Ass'n v. Dubrow

This is a test case submitted to the court sitting without a jury on facts not in dispute upon the determination of which depends a series of other similar controversies, the issue being whether a constables’ bond covers his admitted defalcation on the collection of a District Court execution outside the limits of the town where has was elected of -appointed. Such levies are in common practice throughout the state, but the research of counsel and of the court have thus far failed to reveal a previous determination of this question by the courts of this state. The objections to such coverage…