Newland v. Baker
New York Supreme Court
Demurrer, to replication. The plaintiff declared in covenarlt on an obligation executed by Baker, for the faithful performance of his duties as one of the constables of the city of Albany; Staats, the other defendant, signed the ' obligation ¡as the surety of Baker.
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Demurrer, to replication. The plaintiff declared in covenarlt on an obligation executed by Baker, for the faithful performance of his duties as one of the constables of the city of Albany; Staats, the other defendant, signed the ' obligation ¡as the surety of Baker. The plaintiff alleged that on the 14th September, 1836, he delivered to Baker an execution issued from a justice’s court in . his favor against one William Wright, for $50 64-damages and costs, to be duly executed. The execution was returnable in 90 days, and before the return day, Baker collected the money, but neglected to bring…
1Opinion of the Court
By the Court,
Bronson, J.
The plea gives a sufficient answer to the action. The plaintiff complains that Baker as constable collected and received the amount of the execution against Wright, and that he wrongfully withholds the money. The answer is, that although the constable took and sold certain property as the property of Wright, and thus collected the amount of the execution, yet a third person, to whom the property belonged, has sued the constable for taking it, and recovered a sum exceeding the amount which had been levied. The constable has got no money in his hands *266belonging to the…
2Cited by5 opinions
- Chambers v. CochranSupreme Court of Iowa · 1864
- Wilson v. WrightNew York Supreme Court · 1854
- Howard v. ProskauerMississippi Supreme Court · 1879
- Adams v. DisstonSupreme Court of New Jersey · 1882
- Warren v. Tenth National BankDistrict Court, S.D. New York · 1871