Gorham v. Gale
New York Supreme Court
' Assumpsit for money had and received; tried at the Washington circuit, June 16th, 1826, before Throop, C. Judge. The action was against the' defendant as late sheriff of county of Washington, to recover money which had been received by one Stevens, his deputy, on a sale under in favor of the plaintiff against Wm.'and Jas. Getty.
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' Assumpsit for money had and received; tried at the Washington circuit, June 16th, 1826, before Throop, C. Judge. The action was against the' defendant as late sheriff of county of Washington, to recover money which had been received by one Stevens, his deputy, on a sale under in favor of the plaintiff against Wm.'and Jas. Getty. The suit was commenced about the 13th of February, , " -A-4 trial> the plaintiff proved, that, in the afternoon of the 1st day of the circuit, June 12th, 1826, his attorney * • v served On the defendant’s attorney a notice to produce the fi' fa' on trial> or that…
1Opinion of the Court
Curia, per Woodworth, J.
In February term, 1826, a new trial was granted in this cause, after a verdict for the plaintiff, on facts not varying materially from the present, excepting that these additional points are here raised: -1. As to the admission of parol evidence to prove the execution ; 2. That on the last trial there appeared, a variance between the letter of instructions, and the directions given by the plaintiff; 3. That the sheriff executed a deed of the premises.
First, then, was the notice to produce the execution, given in reasonable time ? If the execution had been in the…
2Cases cited1 opinion
- Kellogg v. GilbertNew York Supreme Court · 1813
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