Lynch v. Crary
The Superior Court of New York City
This is an appeal by the defendants from a judgment entered on the report of a referee. A late sheriff in the county of New York sues to recover from the defendants a sum of money alleged to have been deposited with them by the firm of Stewart & Co., who were defendants in a suit in which an attachment issued to the plaintiff as sheriff.
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This is an appeal by the defendants from a judgment entered on the report of a referee. A late sheriff in the county of New York sues to recover from the defendants a sum of money alleged to have been deposited with them by the firm of Stewart & Co., who were defendants in a suit in which an attachment issued to the plaintiff as sheriff. The referee, the Hon. Murray Hoffman, to whom this action was referred, found that one Luther W. Fuller recovered the judgment mentioned in the complaint, on August 31, 1863, against William Stewart and Henry Bramson, for the sum of two thousand one hundred…
1DissentSedgwick, J.
This opinion will be confined to an examination of the power of the sheriff to seize, or attach property, after judgment, under an i attachment; therefore it should be stated, that it is not clear that the sheriff’s right of action in this case, assuming him to have any, is the same, whether the one thousand seven hundred and forty-nine dollars involved was money capable of manual seizure, or whether it was the amount of an indebtedness. The distinction has not been considered by the referee, and his findings in respect of the character of the property are not consistent. It may be, if the…
2Cases cited3 opinions
- Rodgers v. . BonnerNew York Court of Appeals · 1871
- Hazard Powder Co. v. ByrnesNew York Court of Common Pleas · 1861
- Rodgers v. BonnerNew York Supreme Court · 1869