Third National Bank v. Elliott
New York Supreme Court
Motion by the defendant for a new trial, founded upon a case containing exceptions, ordered at the Allegany Circuit to be heard at the General Term in the first instance. The action was brought to recover moneys which the plaintiff in its complaint alleges that the defendant, as sheriff, collected on an execution in its favor against the Gibbs & Sterritt Manufacturing Company. The execution, was returned nulla bona by the sheriff and filed in the proper clerk’s office.
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Motion by the defendant for a new trial, founded upon a case containing exceptions, ordered at the Allegany Circuit to be heard at the General Term in the first instance. The action was brought to recover moneys which the plaintiff in its complaint alleges that the defendant, as sheriff, collected on an execution in its favor against the Gibbs & Sterritt Manufacturing Company. The execution, was returned nulla bona by the sheriff and filed in the proper clerk’s office. Several attachments against the property of Humphrey & Aspinwal were delivered to the defendant, as sheriff, and he seized…
1Opinion of the Court
Barker, J.:
The sheriff sought on the trial to prove the truth of his return nulla bona, to the execution issued on the judgment in the plaintiff’s favor, by attempting to prove that the property levied upon under the attachment in the plaintiff’s favor, against the Gibbs & Sterritt Manufacturing Company, was not the property of that company liable to be seized upon attachment or execution against it, but that it was, in fact, the property of Humphrey & Aspinwal, the defendants named in the several attachments and executions which he had received prior, in point of time, to the attachment…
2Cases cited11 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Drury v. CrossSupreme Court of the United States · 1869
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
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