Bank of Orange County v. Wakeman
New York Supreme Court
Oakley, moved to enter satisfaction upon the record i'a this cause. In May term, 1819, the plaintiff obtained a judgment for $546,99, upon which a fi. fa. was issued and delivered to a Deputy Sheriff in ■ June following, who receiTe¿ $310 thereon in cash. In November, 1822, he took the defendant’s negotiable promissory note for the balance, gave h*m a receipt in full of the fi. fa. and returned the execution satisfied.
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Oakley, moved to enter satisfaction upon the record i'a this cause. In May term, 1819, the plaintiff obtained a judgment for $546,99, upon which a fi. fa. was issued and delivered to a Deputy Sheriff in ■ June following, who receiTe¿ $310 thereon in cash. In November, 1822, he took the defendant’s negotiable promissory note for the balance, gave h*m a receipt in full of the fi. fa. and returned the execution satisfied. The note was transferred to the sureties of the Deputy, as a security against their responsibility for monies which he had converted to his own use. The defendant sup- . . , r…
1Opinion of the Court
Oakley, said, the Sheriff had a right to receive any thing in satisfaction, the departing with which would operate to the injury of the defendant. Suppose he had received bank . bills : these are but promisory notes, and no one will pretend that they could not be received, in satisfaction. The mere levying upon property by the Sheriff is a discharge. Hero he has received a negotiable promisory note, which has pro-, bably passed into the hands of a bona fide holder. The question of loss is one between the Sheriff and the plaintiff, equally, as if the former had received the money, and…
2Cases cited4 opinions
- Denton v. LivingstonNew York Supreme Court · 1812
- Sherman v. BoyceNew York Supreme Court · 1818
- Hoyt v. HudsonNew York Supreme Court · 1815
- Codwise v. FieldNew York Supreme Court · 1812
3Cited by12 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Allen v. CrofootNew York Supreme Court · 1827
- Col. Insurance v. ForceNew York Supreme Court · 1853
- Shelton v. WesterveltThe Superior Court of New York City · 1852
- Kershaw v. DyerUtah Supreme Court · 1889
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