Ransom v. Halcott
New York Supreme Court
This was an action brought to recover damages against the , defendant, as sheriff of Greene county, for neglecting to attach sufficient property to satisfy the plaintiffs’ demand, against one Peter Yandenbergh.
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This was an action brought to recover damages against the , defendant, as sheriff of Greene county, for neglecting to attach sufficient property to satisfy the plaintiffs’ demand, against one Peter Yandenbergh. On the 5th of April, 1852, an attachment against Yandenbergh in favor of Hoy & Wilson was issued and put in the defendant’s hands, on which the plaintiffs therein claimed, including costs and expenses, $258.29. By virtue of that attachment the defendant immediately attached all the personal property of Yandenbergh, which was duly inventoried and appraised by sworn appraisers at…
1Opinion of the Court
By the Court, Parker, J.
Before the defendant, as sheriff, received the attachment of the plaintiffs, he had received three attachments in favor of other creditors, under which he had levied on all the personal property of Vandenbergh. Though he knew that Vandenbergh had also real property, he did not levy upon it, but levied the plaintiffs’ attachment only on the same personal property previously levied on. When the fifth attachment reached him, he levied for the first time on the real property, and the avails of the debtor’s real property were accordingly applied on that demand. A subsequent…
2Cited by3 opinions
- Lewis v. DouglassNew York Supreme Court · 1889
- Montegut v. WaggamanLouisiana Court of Appeal · 1881
- Posthoff v. SchreiberNew York Supreme Court · 1888