Watson v. Brennan
The Superior Court of New York City
The appeal is by the defendant from a judgment at special term. The trial was without a jury, the parties having waived a jury. The action was brought to recover damages against the defendant for a false return of “no property” upon an execution.
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The appeal is by the defendant from a judgment at special term. The trial was without a jury, the parties having waived a jury. The action was brought to recover damages against the defendant for a false return of “no property” upon an execution. The defenses were a general denial, prior executions in favor of another party against the same defendants, and executed upon all the property of the defendants, and further that plaintiff’s execution, and the judgment upon which it was founded, were obtained and issued to procure a preference in violation of the bankrupt law of the United States,…
1Opinion of the CourtSedgwick, J.
The defendant became sheriff in 1871. Some time before January 1, 1871, James O’Brien, the late sheriff, through McKnight, one of his deputies, seized a stock of goods belonging to Sanger & Co., in their store in Broome-street, under an attachment against them, and remained in possession down to February 34, 1871. The attachment was in the sum of three thousand dollars.
On January 13, 1871, two executions were issued to the defendant. These were in the aggregate for nine thousand eight hundred and fifty-four dollars and forty-eight cents. On that day the defendant’s deputy, one Schmitz, went…
2Cases cited7 opinions
- Carpenter v. United StatesSupreme Court of the United States · 1873
- Cresson v. StoutNew York Supreme Court · 1819
- Russell v. GibbsNew York Supreme Court · 1826
- Camp v. ChamberlainNew York Supreme Court · 1848
- Hinman v. BordenNew York Supreme Court · 1833
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