Chamberlain v. . Beller
New York Court of Appeals
Appeal from the Supreme Court. The action was upon ..a bond executed by the defendants to the plaintiff as sheriff of Monroe. It recited that Beller had obtained and delivered to the plaintiff ,-a warrant of attachment against the goods of one Victor Charroin, and that' certain property, attached by the sheriff under the warrant, was claimed by one Barron and others.
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Appeal from the Supreme Court. The action was upon ..a bond executed by the defendants to the plaintiff as sheriff of Monroe. It recited that Beller had obtained and delivered to the plaintiff ,-a warrant of attachment against the goods of one Victor Charroin, and that' certain property, attached by the sheriff under the warrant, was claimed by one Barron and others. The condition was to indemnify the plaintiff and all persons aiding and assisting him in the execution of the warrant. Upon the trial at the Monroe circuit, it was proved that the warrant of attachment was delivered to and…
1Opinion of the CourtRoosevelt, J.
The only question we deem it necessary to discuss on this appeal is, the right of the sheriff to require a bond of indemnity before seizing goods not in the possession of the attachment debtor, but in the possession of a third person, claiming to hold them as owner himself, and not as trustee or agent of the debtor.
“ No sheriff,” says the statute, “or other officer shall take any bond, obligation or security, by color of his office, in any other case or manner than such as are provided by law.” (2 R. S., 2S6.) Color of office is a technical expression. It implies bad faith, corruption, breach…
2Cited by21 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Hershey v. O'NeillU.S. Circuit Court for the District of Southern New York · 1888
- Long v. NevilleCalifornia Supreme Court · 1868
- Home Insurance Co. v. . WatsonNew York Court of Appeals · 1874
- Craft v. BrandowNew York Supreme Court · 1898
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