Salter v. Weiner
New York Supreme Court
AppEcation for an order for the repayment of a deposit made in Eeu of bail. There were two actions brought by Salter against Weiner. In the first action, the defendant was arrested by the sheriff of Niagara, under an order of arrest granted by Mr. Justice Clerke, requiring the sheriff to take bail in five hundred dollars.
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AppEcation for an order for the repayment of a deposit made in Eeu of bail. There were two actions brought by Salter against Weiner. In the first action, the defendant was arrested by the sheriff of Niagara, under an order of arrest granted by Mr. Justice Clerke, requiring the sheriff to take bail in five hundred dollars. The defendant could not find bail, and, instead thereof, deposited five hundred dollars in gold with the sheriff, who remitted the same to the county clerk of New York, the action being triable there. Subsequently the defendant obtained bail, who justified. The judge who…
1Opinion of the Court
Clerke, J. (orally).
Even if this money was Meyer’s at the time of being deposited with the sheriff, by such deposit it became the money of Weiner. It is loaned money, and loaned money is the property of the loanee. The motion is denied, with $5 costs.
2Cited by8 opinions
- State v. WisnewskiWisconsin Supreme Court · 1908
- Way v. DayMassachusetts Supreme Judicial Court · 1905
- McAlmond v. BevingtonWashington Supreme Court · 1900
- Nathans v. SatterleeNew York Court of Common Pleas · 1884
- Alexander v. CreamerAppellate Division of the Supreme Court of the State of New York · 1899
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