Clark v. Warren
New York Supreme Court
This was an appeal from a judgment upon a verdict rendered for the defendant under direction of the court, and from an order denying a new trial. The plaintiff sued as the purchaser at sheriff’s sale of an account for moneys expended and advanced by the firm of Robinson & Ogden for the defendant.
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This was an appeal from a judgment upon a verdict rendered for the defendant under direction of the court, and from an order denying a new trial. The plaintiff sued as the purchaser at sheriff’s sale of an account for moneys expended and advanced by the firm of Robinson & Ogden for the defendant. It appeared that the plaintiff had brought an action against Robinson & Ogden to recover for certain securities which they had appropriated to their own use, as custodians for him, and obtained an attachment against their property, under which the sheriff seized their stock, books and papers.…
1Opinion of the Court
By the Court—
Gilbert, J.
The judgment below must be affirmed. The proceedings under the attachment were ineffectual to reach the debt due from Mr. Warren to the defendant in the attachment, for the reason that the sheriff did not serve upon him any notice showing that he had levied on such debt. That debt was a mere chose in action, and incapable of seizure by the sheriff. (Code, §§ 235,236 ; Orser v. Grossman, 11 How., 520; Clark v. Goodrige, 41 N. Y., 210 ; Ransom v. Minor, 3 Sand. S. C. R., 692.)
We think, also, the sale by the sheriff of the debt was illegal. Code, § 237, sub. 2, expressly…
2Cases cited2 opinions
- Randon v. TobySupreme Court of the United States · 1851
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
3Cited by3 opinions
- McNeeley v. . WelzNew York Court of Appeals · 1901
- Bayer v. DoscherAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Claim of FlandrowNew York Supreme Court · 1880