Colberg v. Emerson
New York Supreme Court
Action by one Colberg against one Emerson. Certain animals belonging to defendant, then on board the steamship Taurie, had been taken possession of by the collector of the port of New York on the ground that they were dutiable; and, while they were in possession of a keeper with whom they had been placed by the collector, plaintiff caused an attachment to be executed by serving a copy thereof on the keeper, with a notice that he levied- on all the property of defendant.
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Action by one Colberg against one Emerson. Certain animals belonging to defendant, then on board the steamship Taurie, had been taken possession of by the collector of the port of New York on the ground that they were dutiable; and, while they were in possession of a keeper with whom they had been placed by the collector, plaintiff caused an attachment to be executed by serving a copy thereof on the keeper, with a notice that he levied- on all the property of defendant. Afterwards the attachment was discharged on a bond given by defendant. The sheriff now applies for taxation of poundage and…
1Opinion of the CourtAndrews, J.
The Code of Civil Procedure1 provides that an attachment shall be levied upon personal property, capable of manual delivery, by taking the same into the sheriff’s actual custody, and upon other personal property by leaving a certified copy of the warrant and a notice showing the property attached with the person holding the same. The former Code of Procedure contained similar provisions, and the expression “property incapable of manual delivery” has been the subject of judicial interpretation. In Clark v. Goodrich, 41 N. Y. 214, the judge delivering the opinion of the court said:
“I agree with…
2Cases cited4 opinions
- Warner v. Fourth National BankNew York Court of Appeals · 1889
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Brownell v. CarnleyThe Superior Court of New York City · 1854
3Cited by1 opinion
- Ratto v. Italia-Flotte Riunite Cosulich-Lloyd Sabaudo-Navigazione GeneraleCity of New York Municipal Court · 1938