Levy v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lazarus Levy, and the National Surety Company from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of February, 1899, substituting the National Surety Company as a party defendant in the place and stead of the defendant, Thomas J. Dunn, as sheriff of the county of New York also an appeal by the National Surety Company from an order made at the New York…
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Appeal by the plaintiff, Lazarus Levy, and the National Surety Company from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of February, 1899, substituting the National Surety Company as a party defendant in the place and stead of the defendant, Thomas J. Dunn, as sheriff of the county of New York also an appeal by the National Surety Company from an order made at the New York Special Term and entered in said clerk’s office on the 21st day of February, 1899, denying a motion made by the attorneys…
1Opinion of the Court
Patterson, J.:
The question involved in this appeal relates to the right of the sheriff and the power of the court to compel substitution of an *606indemnitor as the sole defendant in an action, brought to recover for the conversion of personal property and consequential damages on the following state of facts: Two executions were delivered to the sheriff of the county of New York in favor of one Keiser. One of them was for the sum of $3,6Ur.'?,2, and was issued against the property of Jennie Levy ; the other was for the sum of $3,341.62, issued against the property of Moses Levy. These executions…
2Cases cited3 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Rosenblum v. GormanAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Cassani v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
- Dunn v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Cassani v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
- De Shields v. CreamerAppellate Division of the Supreme Court of the State of New York · 1899
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