Reed v. Pruyn & Staats
New York Supreme Court
SUDAM and Benson, for the defet~dants, moved, at the last term, to set aside the execution in this `cause. The affidavit of Staats, which was read, stated, that a judgment was entered up in Augu.~t, 1808, against the defendant Staat8, in favour of the plaintiff, on which a , Ca. .sa. for'436 dollars and 60 cents was issued to the sheriff of Columbia.
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SUDAM and Benson, for the defet~dants, moved, at the last term, to set aside the execution in this `cause. The affidavit of Staats, which was read, stated, that a judgment was entered up in Augu.~t, 1808, against the defendant Staat8, in favour of the plaintiff, on which a , Ca. .sa. for'436 dollars and 60 cents was issued to the sheriff of Columbia. Staats was taken by a deputy sheriff on the e~ecution and discharged, on his procuring Fruyn, the other defendant, to join in the executIon of a bond and warrant of attorney, as security, and judgment was entered up thereon, in favour of the…
1Opinion of the Court
• Kent, Gh. J.
delivered the opinion of the court. The execution, against which the defendant Staats prays to be relieved, ought to be considered as satisfied and discharged. The deputy sheriff who had the execution, instead of executing it according to law, discharged it himself out of his own money, on taking a note drawn by one defendant, and endorsed by the other, payable at the bank of Hudson in 55 days. This he did as early as November, 1808, and gáve the defendants under his own hand an acknowledgment of having received the full amount of the execution. The note not being "paid, and…
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