Legal Opinion

De Sisto v. Loewy

Appellate Terms of the Supreme Court of New York

Decided October 15, 1898PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, second district, in favor of the defendant for $150, entered upon the verdict of a jury. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtGiegerich, J.

The plaintiff having recovered a judgment against one Guiseppe Fortunato, in one of the District Courts of the city of Hew York, placed the execution in the hands of the defendant, a city marshal, for collection. The latter, because' of *726claims made by third parties, refused to make a levy upon .certain clothing, claimed to belong to Fortunato, unless indemnified. The plaintiff being unable to furnish an indemnity bond gave to the defendant an order upon the Bank of Savings for $250, for which the following receipt was given:

“ De Sisto v. Fortunato.
“ Received from Antonio order for the sum of…

2Cases cited5 opinions

  1. Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
  2. Edwards v. BodineNew York Court of Chancery · 1844
  3. Aldrich v. ReynoldsNew York Court of Chancery · 1846
  4. Corcoran v. . JudsonNew York Court of Appeals · 1861
  5. Trustees of Newburgh v. GalatianNew York Supreme Court · 1825

3Cited by1 opinion

  1. De Sisto v. StimmelAppellate Terms of the Supreme Court of New York · 1900

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