Swezey v. . Lott
New York Court of Appeals
Appeal from the Supreme Court. The action was commenced in the City Court of Brooklyn against the late sheriff of Kings county, for not returning an execution which had been issued to him on a judgment for $161.23, in favor of the plaintiff against one Jenkins. The defendant levied upon sufficient property to satisfy the execution, but it was claimed by Mary Turner under an alleged sale to her by Jenkins, the judgment debtor.
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Appeal from the Supreme Court. The action was commenced in the City Court of Brooklyn against the late sheriff of Kings county, for not returning an execution which had been issued to him on a judgment for $161.23, in favor of the plaintiff against one Jenkins. The defendant levied upon sufficient property to satisfy the execution, but it was claimed by Mary Turner under an alleged sale to her by Jenkins, the judgment debtor. Upon this, the plaintiff executed to the defendant a bond of indemnity, in the penalty of $500, conditioned to indemnify and save him harmless from all actions, costs,…
1Opinion of the CourtDenlo, J.
The Supreme Court was of opinion that, as the bond of indemnity which the plaintiff had given to the defendant, as' sheriff did not extend to an action on the undertaking, • and would not have afforded an indemnity against costs in such an action, the defendant was justified in omitting to do anything further after the return of the execution against Mary Turner unsatisfied. In this, I think, the court fell into an error. The bond was given in consequence of the claim of Mary Turner that the property levied on belonged to her. By executing' the bond, the plaintiffs assumed the whole risk…
2Cited by10 opinions
- Button v. State Corp. CommissionSupreme Court of Virginia · 1906
- Scott v. . MorganNew York Court of Appeals · 1884
- Glascock v. AshmanCalifornia Supreme Court · 1877
- Knapp v. SweetNew York Supreme Court · 1890
- Peck v. HurlburtNew York Supreme Court · 1866
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