Putnam v. Westcott
New York Supreme Court
THIS was an action on the case, tried before Mr. Justice Platt, at the Oneida circuit, in December, 1817. At the trial, the plaintiff abandoned all the counts in his declaration, except the one for money had and received to his use. Under that count, he gave in evidence a receipt of the defendant, for ninety dollars, part of the purchase money for a house, &c. in the possession of Luke Frink.
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THIS was an action on the case, tried before Mr. Justice Platt, at the Oneida circuit, in December, 1817. At the trial, the plaintiff abandoned all the counts in his declaration, except the one for money had and received to his use. Under that count, he gave in evidence a receipt of the defendant, for ninety dollars, part of the purchase money for a house, &c. in the possession of Luke Frink. About the first day of March, 1817, he tendered to the defendant the residue of the purchase money, and demanded a deed or title for the premises, which the defendant said he could not give; the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The first question to be considered is, whether an execution issued under the act for the recovery of debts to the value of twenty-five dollars, can be levied on a leasehold for years ? It was decided by this Court, in the case of Vredenbergh v. Morris, (1 Johns. Cases, 223.) that the act relative to the docketting of judgments, did not extend to, or bind a term for years; and, accordingly, it was held that the sheriff was justified in returning nulla bona upon an execution issued upon ajudgment obtained before the discharge of the defendant…
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- Connelly v. GlennyAppellate Division of the Supreme Court of the State of New York · 1931
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