Newman v. . Beckwith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial. (Reported below, 5 Bans., 80.) This was an action brought against defendant, as late under sheriff of the county of Monroe, to recover moneys collected by him after the death of Alonzo Chapman, late sheriff, by whom he was appointed.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial. (Reported below, 5 Bans., 80.) This was an action brought against defendant, as late under sheriff of the county of Monroe, to recover moneys collected by him after the death of Alonzo Chapman, late sheriff, by whom he was appointed. In December, 1867, plaintiff’s assignors commenced an action in the Supreme Court against one Easton and an attachment was issued therein to said Chapman, then…
1Opinion of the Court
Reynolds, C.
The defendant, as the under sheriff and late under sheriff of the county of Monroe, received from the assignors of the plaintiff, in the usual manner, legal process, issued out of the Supreme Court, in the form of an attachment and execution against one Alexander Easton, and undertook, in that capacity, to execute them, and did execute them so far as to collect the money.' A portion of the money thus collected and in his hands he declines to pay over, and to recover this balance the action was brought, and tried before a referee, where the plaintiff recovered. The judgment entered…
2Cited by2 opinions
- Dickinson v. . OliverNew York Court of Appeals · 1909
- Bartlett v. HalliganNew York Supreme Court · 1890