Legal Opinion

McGuire v. Bausher

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1901Published

Appeal by the plaintiff, Annie McGuire,- from a judgment of the Municipal Court of the city of Mew York, first district, borough of Brooklyn, in favor of the defendant, rendered on the 10th day of July, 1900, upon the decision of the court dismissing the complaint.

1Opinion of the Court

Goodrich, P. J.:

On a former appeal in this action (52 App. Div. 276) we held that where the defendant as -marshal had an execution in his hands and extended the judgment debtor’s time for the payment of the judgment beyond the time fixed for the return of the execution, and without consultation with the plaintiff procured its renewal, he was liable for the damages sustained by the judgment creditor.

The evidence at the last trial showed that the plaintiff, on January 30, 1900, recovered a judgment in the Municipal Court for twenty-five dollars and fifty-seven cents, for wages as a domestic…

2Cases cited1 opinion

  1. McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900

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