Barnes v. Willett
New York Supreme Court
Demurrer to answer. This was an action brought against the defendant, as sheriff of the city and county of New York, to recover the amount of a debt owed to the plaintiffs by one Jacob Cohen, who escaped from the custody of the sheriff. The defendant put in an answer, averring that the escaped debtor had been in some respects wronged by the plaintiffs, and that he was insolvent, and could not have paid the debt, even had he been detained longer.
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Demurrer to answer. This was an action brought against the defendant, as sheriff of the city and county of New York, to recover the amount of a debt owed to the plaintiffs by one Jacob Cohen, who escaped from the custody of the sheriff. The defendant put in an answer, averring that the escaped debtor had been in some respects wronged by the plaintiffs, and that he was insolvent, and could not have paid the debt, even had he been detained longer. The plaintiffs demurred to so much of the answer as set up such a defence.
1Opinion of the CourtSutherland, J.
The statute (2 Rev. Stat., 437, § 63) gave an action of debt against the sheriff for an escape from final process, and declares, that in such action the sheriff shall be answerable for the debt, damages, or sum of money for which the prisoner was committed.
The statute did not take away the common-law remedy for the escape, by action on the case.
Before the Code, if the action for the escape was debt, the plaintiff was limited in his recovery, by the express words of the statute, to the amount of the original judgment. .
The statute fixed the extent of the sheriff’s liability at the amount of…
2Cases cited4 opinions
- Walsh v. DurkinNew York Supreme Court · 1815
- Littlefield v. BrownNew York Supreme Court · 1828
- Ames v. WebbersNew York Supreme Court · 1832
- Rawson v. DoleNew York Supreme Court · 1807