Levy v. . Dunn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1899, reversing an order of the Special Term granting a motion of the defendant to substitute in his place as defendant in the action the National Surety Company. This action was brought to recover for the conversion by the sheriff of the county of New York of personal property belonging to the plaintiff, and for consequential damages.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1899, reversing an order of the Special Term granting a motion of the defendant to substitute in his place as defendant in the action the National Surety Company. This action was brought to recover for the conversion by the sheriff of the county of New York of personal property belonging to the plaintiff, and for consequential damages. The facts, so far as material, and the question certified are stated in the opinion. The statute which provides for the…
1Opinion of the CourtHaight, J.
The order appealed from is brought up for review upon a certificate of the Appellate Division to the effect that a question of law has arisen which should be reviewed by this court, and the following is the question cer tiffed: “ Has the court the power, under any circumstances, to deny a motion made, under section 1421 of the Code of Civil Procedure, to substitute indemnitors when the application is made by the sheriff ? ”
The facts under which the question has arisen are substantially as follows: Two executions were delivered to the sheriff of the county of New York in favor of one Keiser,…
2Cases cited3 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Hein v. . DavidsonNew York Court of Appeals · 1884
3Cited by8 opinions
- Schumacher v. Pennsylvania RailroadNew York Supreme Court · 1919
- Sadlier v. City of New YorkNew York Supreme Court · 1903
- Milligan v. Brooklyn Warehouse & Storage Co.New York Supreme Court · 1901
- Rogers v. PellAppellate Division of the Supreme Court of the State of New York · 1900
- Dunn v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1903
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