Alexander v. Creamer
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action,by Samuel Alexander against Frank D. Creamer, sheriff. From a judgment for defendant, plaintiff appeals. Modified.
1Opinion of the CourtCullen, J.
The action was brought to recover the sum of $50, deposited with the sheriff by -the plaintiff’s assignor in lieu of bail on an attachment granted against one Robert Cuddy in proceedings supplementary to execution. The receipt ran in this form:
“Received from Frederick Hunecke [plaintiff’s assignor] the sum of fifty (50) dollars as deposit of bail set in the above case, as called for on an order of attachment against judgment debtor,” etc. Signed, “Frank D. Creamer, Sheriff.”
The defendant paid this money over to the plaintiff in the supplementary proceedings under an order made therein by the…
2Cases cited1 opinion
- People, Ex Rel. Gilbert v. . LaidlawNew York Court of Appeals · 1886
3Cited by1 opinion
- Lieberman v. LiebermanSupreme Court of Florida · 1949