Van Cleef v. Fleet
New York Supreme Court
THIS was an action on the case for a false return to a Jft. fa., brought against -the defendant, late sheriff of the city The cause was tried before Mr. and county of New-York.
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THIS was an action on the case for a false return to a Jft. fa., brought against -the defendant, late sheriff of the city The cause was tried before Mr. and county of New-York. J. Platt, at the New-York sittings, in December, 1815. Morris and Ryer executed to the plaintiffs a bond, conditioned for the payment of 8000 dollars and a warrant of attorney to enter up judgment thereon, which were dated - the 26 th of July, 1813, and judgment was entered on the 6th of August, on which day an execution was delivered to - the defendant, and he was directed to levy the sum of 7,107 dollars and 70…
1Opinion of the CourtVan Ness, J.
The inquisitions of the 2d of September were properly rejected, the plaintiffs having confined their claim of damages to the actual value of the goods. Such inquisitions are not conclusive on the question of property, though, in some cases, and under certain qualifications, they will excuse the sheriff for not proceeding to sell and protect him from a suit for a *151false return. This was so decided in the case of Bayley v. Bates; (8 Johns. Rep. 185.;) but it is there strongly intimated, that if the sheriff should refuse an adequate indemnity, the court would hold him bound to proceed and sell.…
2Cited by17 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Sponenbarger v. LemertSupreme Court of Kansas · 1879
- Durell v. HaleyNew York Court of Chancery · 1829
- Ryan v. BrantIllinois Supreme Court · 1866
- Williamson v. New Jersey Southern RailroadSupreme Court of New Jersey · 1878
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