Kelly v. . Downing
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the first district, affirming a judgment, rendered on trial before Justice Clerke without a jury, in favor of defendants. This action was commenced against George ¡R. Downing, George ¡R. Downing,' Jr., Theodore ¡B. Downing and James Bailey.
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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the first district, affirming a judgment, rendered on trial before Justice Clerke without a jury, in favor of defendants. This action was commenced against George ¡R. Downing, George ¡R. Downing,' Jr., Theodore ¡B. Downing and James Bailey. The complaint, after alleging plaintiff’s official character, alleged in substance that on the 1st day of March, 1860, one S'amuel Baldwin was indebted to one Jacques Schieb in the sum of $9,298.44, with interest, and that on the same day said Schieb commenced an…
1Opinion of the Court
Earl, Ch. J.
The plaintiff, as sheriff, having attached the note mentioned in the complaint, became the legal holder of the same, and he had the right to take all appropriate legal proceedings at law or in equity to collect or enforce payment of the same. (Code, § 232.) In this case, he commenced an equitable action against the defendants, alleging that the defendant Bailey had placed in the hands of the other defendants a sufficient amount Of money expressly to pay this note, and Bailey was properly made a party as having an interest in the fund which the plaintiff sought to reach. The action…
2Cited by22 opinions
- Sivakoff v. SivakoffAppellate Division of the Supreme Court of the State of New York · 1952
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Russell v. ShurtleffSupreme Court of Colorado · 1901
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947
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