Dennison v. Plumb
New York Supreme Court
Appeal from a judgment entered upon the report of a referee. The action was against Pluinb and William Gr. Miller, for unlawfully seizing, taking and converting certain goods and chattels,, the property of the plaintiffs. Miller did not defend.
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Appeal from a judgment entered upon the report of a referee. The action was against Pluinb and William Gr. Miller, for unlawfully seizing, taking and converting certain goods and chattels,, the property of the plaintiffs. Miller did not defend. Plumb, by way of new matter, alleged that the property taken was the property of one Robinson, and that Miller recovered a judgment against R. in the supreme court, and that on the 10th June, 1846, an execution was issued and delivered to him, the sheriff, to collect the judgment; and that by virtue of the execution, he levied upon and took the…
1Opinion of the Court
By the Court, Marvin, P. J.
The defendant Plumb was sheriff of the county of Brie in 1846. An execution was issued and delivered, in June of that year, to one of his. deputies, in *90favor of William Gr. Miller, and against the property of one Robinson, and the deputy sheriff levied upon the property of the plaintiffs, and on the 15th August, 1846, sold the same, assuming to act under and by virtue of the execution. This action was not commenced until December, 1849, more than three years after the cause of action accrued. And the question is, is the defendant Plumb liable. His liability for the…
2Cases cited8 opinions
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- Hopkins v. HaywoodNew York Supreme Court · 1835
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- Esmond v. ApgarNew York Court of Common Pleas · 1878
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