Colton v. Camp
New York Supreme Court
This was an action of trover to recover the value of a quantity of household furniture, tried at the Erie circuit in April, 3828, before the Hon. John Birdsall, one of the circuit judges. A verdict was taken for the plaintiffs, subject to the opinion of this court on a case to be made.
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This was an action of trover to recover the value of a quantity of household furniture, tried at the Erie circuit in April, 3828, before the Hon. John Birdsall, one of the circuit judges. A verdict was taken for the plaintiffs, subject to the opinion of this court on a case to be made. On the 11th 1 e August, 1836, the property in question was levied upon by one of the deputies of the defendant, who was sheriff of the county of Erie, by virtue of an execution returnable on the 3 9th August, issued on a judgment obtained in this court, in favor of plaintiffs of the names of Colt and Bagley,…
1Opinion of the Court
*368By the Court,
Sutherland, J.
If the letter from C.olt to Pratl, the deputy sheriff, of the 25th August, 1826, authorized him to relinquish the levy made by him upon the goods iu question, then that relinquishment was valid and efficacious, although the judgment and execution may, previously to the date of the letter, have been assigned by Colt and Bagley to McGee. Notice of such assignment had'not been given to the deputy sheriff or to the present plaintiffs. The sheriff was bound to obey the instructions of the plaintiffs in the judgment and execution, until he received notice that they had…
2Cited by2 opinions
- Shelton v. WesterveltThe Superior Court of New York City · 1852
- Kershaw v. DyerUtah Supreme Court · 1889