Handy v. Dobbin
New York Supreme Court
IN ERROR, on certiorari, from a justices court. Dobbin sued out of the justice’s court an attachment, under the 23d section of the twenty-five-dollar act, (1. R. L. 398.) against the goods and chattels of Handy; due proof having been given ^at he had absconded. The constable returned that he had attached two five-dollar bank bills of the goods of Handy*. The justice gave judgment for the plaintiff below.
Read the full summary
IN ERROR, on certiorari, from a justices court. Dobbin sued out of the justice’s court an attachment, under the 23d section of the twenty-five-dollar act, (1. R. L. 398.) against the goods and chattels of Handy; due proof having been given ^at he had absconded. The constable returned that he had attached two five-dollar bank bills of the goods of Handy*. The justice gave judgment for the plaintiff below. The only error relied on was, that these bills were not liable to be at- . , « fcachea.
1Opinion of the CourtSpencer, J.
There can be no doubt that the constable, under the attachment, cou^ take any goods and chattels, which could be levied on by execution. The authority in both cases is the same. Bank bills are treated, evoiliter, as money; a tender in them is good, unless it be specially objected to at the time. The question then is narrowed to this, can money be levied on by an execution? This court, in Williams v. Rodgers, (5 Johns. Rep. 167.) intimated strongly their concurrence in the decision of the Supreme Court of the United States on this point. In that case, (1 Cranch, 133.) all the cases on the…
2Cases cited1 opinion
- Shannon v. FoxU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by15 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Haynes v. WheatSupreme Court of Alabama · 1846
- United States v. MoultonU.S. Circuit Court for the District of Massachusetts · 1830
- Harris v. . MoodyNew York Court of Appeals · 1864
- Prentiss v. BlissSupreme Court of Vermont · 1832
10 more not listed; retrieve them via the Exa API.