Frankenstein v. Cummisky

Gaynor, J.:

This is an action against the sureties on the official bond of a city marshal of the former city of Brooklyn. The bond was that the marshal “ shall faithfully discharge the duties of his office, and shall promptly account for and pay over all moneys or property received by him as officer in accordance with the law.” This was in accordance with the terms of the city charter (Tit. 3, sec. 4), and of the statute substituting marshals for constables (Laws of 1896, ch. 1000). '

*486The complaint alleges that the marshal levied upon and took goods of the plaintiff under an execution issued to…