Sheldon v. Payne
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment of nonsuit, ordered upon the trial, had been affirmed. This was an action óf assumpsit' against the sheriff of Washington county, for moneys collected by him upon an execution in favor of the plaintiff against Horace F. Burdick.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment of nonsuit, ordered upon the trial, had been affirmed. This was an action óf assumpsit' against the sheriff of Washington county, for moneys collected by him upon an execution in favor of the plaintiff against Horace F. Burdick. On the 20th August 1847, it was shown, that Floris D. Meacham, one of the defendant’s deputies, received an execution in favor of the plaintiff against Burdick, indorsed for the collection of $2197.75, with interest and costs. To this writ, the deputy made return, in the name of…
1Opinion of the Court
*Ruggles, O. J.
The return indorsed the r ^ execution is conclusive between the plaintiff and the sheriff, for the purpose of . showing the amount of money raised by the officer on that writ. The return, although made by the deputy, in the sheriff’s name, is the act of the sheriff, and when the question comes up directly between one of the parties to the execution and the sheriff, the latter is not permitted to gainsay it. (Townsend v. Olin, 5 Wend. 207; Gardner v. Hosmer, 6 Mass. 327; Haynes v. Small, 22 Maine 14; Purrington v. Loring, 7 Mass. 392; Doty v. Turner, 8 Johns. 20; Barrett v.…
2Cases cited5 opinions
- Doty v. TurnerNew York Supreme Court · 1811
- Townsend v. OlinNew York Supreme Court · 1830
- Haynes v. SmallSupreme Judicial Court of Maine · 1842
- Wilson v. LoringMassachusetts Supreme Judicial Court · 1811
- Armstrong v. GarrowNew York Supreme Court · 1826