Alexander v. Creamer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Alexander, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings .on the 14th day'of February, 1899, upon the verdict of a jury rendered by direction of the court dismissing the complaint upon the merits.
1Opinion of the Court
Cullen, J.:
The action was brought to recover, .the sum of-fifty dollars deposited with the sheriff by the plaintiff’s .assignor in lieu of bail-, on an attachment granted against one Robert Cuddy in proceedings supplementary to execution. The receipt ran in this form:
“ Received from Frederick Hunecke (plaintiff’s assignor) the sum of Fifty (50) Dollars as deposit of bail set in- the above case, as called for on an order of attachment against judgment debtor,” etc.; signed, “ Frank D. Creamer, Sheriff.” The defendant paid this money over to the plaintiff in the supplementary proceedings under…
2Cases cited2 opinions
- People, Ex Rel. Gilbert v. . LaidlawNew York Court of Appeals · 1886
- Salter v. WeinerNew York Supreme Court · 1858
3Cited by2 opinions
- Lieberman v. LiebermanSupreme Court of Florida · 1949
- Wesenberg v. McCormackCity of New York Municipal Court · 1922