Ostrander v. Walter
New York Supreme Court
Trover for a threshing machine and other property, tried before Moseley, C. Judge, at the Onondaga circuit in April, 1840. On the 18th of August, 1838, Walter recovered a judgment by confession against Ostrander for $110,62 damages and costs, before a justice of the peace.
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Trover for a threshing machine and other property, tried before Moseley, C. Judge, at the Onondaga circuit in April, 1840. On the 18th of August, 1838, Walter recovered a judgment by confession against Ostrander for $110,62 damages and costs, before a justice of the peace. Execution was issued by consent of parties on the 28th of August, and delivered to Fillmore, a constable, who, on the 31st of August, levied upon sufficient personal property of Ostrander to satisfy the execution; but the property was not removed. The execution was returnable in ninety days, and the constable advertised the…
1Opinion of the Court
By the Court,
Bronson, J.
The first levy was abandoned at the request and for the special benefit of the execution debtor; and there is no foundation for the argument that that levy amounted in law* to a satisfaction of the judgment. We had occasion to review the cases on this subject in Green v. Burke, (23 Wend. 490;) and nothing need be added on the present occasion.(a)
Forty dollars had been paid on the judgment, and the objection made to the renewal is, that the justice did not in his endorsement of renewal “ express the sum due on thenexecution.” (2 R. S. 251, § 145.) I am strongly inclined…
2Cases cited2 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Barhydt v. ValkNew York Supreme Court · 1834