Land Finance Corp. v. Jacoby

This is an action against the sheriff of Kings county for damages claimed to have been sustained by reason of the escape of John J. MacDonald, a civil prisoner, who had been held in custody under a body execution.

The material facts are undisputed. The plaintiff, in an action against MacDonald, had secured an order directing the sheriff to arrest MacDonald and to hold him in bail in the sum of $2,000. MacDonald was thereafter arrested, but was released upon furnishing the required bail. The action was prosecuted to judgment in the plaintiff’s favor in the sum of $5,178.16, and after an…