O'Brien v. Mechanics'
The Superior Court of New York City
James O’Brien, sheriff of New York, sued the defendants on a policy of insurance they had issued in favor of E. S. Candler, Jr., upon Ms property, wMch was subsequently destroyed by fire. The plaintiff claimed to recover Candler’s money by virtue of certain attachments which he held, issued at the suit of various creditors of Gaudier, and of which attachments he had given notice to the insuranee company for the purpose of binding the fund in their hands.
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James O’Brien, sheriff of New York, sued the defendants on a policy of insurance they had issued in favor of E. S. Candler, Jr., upon Ms property, wMch was subsequently destroyed by fire. The plaintiff claimed to recover Candler’s money by virtue of certain attachments which he held, issued at the suit of various creditors of Gaudier, and of which attachments he had given notice to the insuranee company for the purpose of binding the fund in their hands. The notice of attachment which the sheriff gave the company was in general terms, purporting to cover all the property, money, bank notes,…
1Opinion of the Court
By the Court.—Freedman, J.
The learned judge who presided at the trial dismissed the complaint for the reason that the claim of Candler against the defendant upon the policy in question had not been attached by the sheriff, and that consequently the plaintiff had no such title to the property as is necessary for the maintenance of the action.
The manner in which attachments under the Code are to be executed so as to bind property of which manual delivery cannot be made, is prescribed by section 235. They are to be executed by leaving a certified copy of the warrant of attachment with the person…
2Cases cited6 opinions
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Roach v. New York & Erie InsuranceNew York Court of Appeals · 1864
- Wilson v. DuncanThe Superior Court of New York City · 1860
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