Miller v. Johnson
New York Supreme Court
An execution was issued in this cause for the sum of #246, 69. On the 28th May last, goods and chattels, the property of the defendant, were sold by the sheriff of N. York to satisfy the execution in this cause, and another previously issued in favor of other plaintiffs.
Read the full summary
An execution was issued in this cause for the sum of #246, 69. On the 28th May last, goods and chattels, the property of the defendant, were sold by the sheriff of N. York to satisfy the execution in this cause, and another previously issued in favor of other plaintiffs. The property sold for sufficient to satisfy the execution first issued, leaving a balance in the hands of the sheriff of #270. Previous to the sale of the property, a notice was served upon the sheriff, by the agent of the landlord of the premises occupied by the defendant, that there was due to him on the 1st day of May,…
1Opinion of the Court
*198 By the Court,
Sutherland, J.
The notice is not in the form prescribed by the statute, 1 R. S. 746, § 12, 13, 14, but the plaintiff cannot avail himself of the defect. Had the sheriff disregarded it, it might be questionable whether he would have been liable to the landlord. The statute is merely directory, and does not say that notice in the form prescribed shall be in the nature of a condition precedent.
Motion denied.
2Cited by1 opinion
- Olcott v. FrazierNew York Supreme Court · 1843