Ansonia Brass & Copper Co. v. Pratt
New York Supreme Court
Appeal from a judgment iu favor of the plaintiff, entered on the trial of this action by the court without a jury. This action was brought to recover from the defendant, as the assignee in bankruptcy of Hernán H. Prink, the amount of a judgment recovered by the plaintiff against said Prink on the 23d day of June, 1873, for the sum of $346.04. An execution on said judgment was issued to the sheriff of Jefferson county, and was by him levied on the 26th day of June, 1873, upon…
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Appeal from a judgment iu favor of the plaintiff, entered on the trial of this action by the court without a jury. This action was brought to recover from the defendant, as the assignee in bankruptcy of Hernán H. Prink, the amount of a judgment recovered by the plaintiff against said Prink on the 23d day of June, 1873, for the sum of $346.04. An execution on said judgment was issued to the sheriff of Jefferson county, and was by him levied on the 26th day of June, 1873, upon personal property of Frink sufficient to satisfy the execution. On the 4th of August, 1873, proceedings in bankruptcy…
1Opinion of the Court
Smith, J.:
If this action is regarded as sounding in tort, for an alleged wrongful taking and conversion of the personal property in question, it is difficult to see how it can be maintained. The plaintiff had no title to, or interest in the property of Frink, by virtue of the levy, which would sustain the action. The property, when levied on, was in the custody of the law, and the sheriff was the only party who could recover for a wrongful taking while the levy was in force. (Barker v. Mathews, 1 Den., 335 ; Skinner v. Stuart, 39 Barb., 206.) The sheriff is responsible to the plaintiff for…
2Cases cited6 opinions
- Mays v. FrittonSupreme Court of the United States · 1874
- Binsse v. . WoodNew York Court of Appeals · 1868
- Barker v. MathewsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Castle v. DuryeaNew York Supreme Court · 1860
- Skinner v. StuartNew York Supreme Court · 1863
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