Audley v. Townsend
New York Supreme Court
Action by a sheriff to recover on an oral contract of indemnity. Verdict for the plaintiff. Motion to direct a verdict for the defendant reserved until after verdict; also motion on the minutes for a new trial.. The plaintiff was sheriff of Fond du Lac county, state of Wisconsin. The defendants were merchants in the state of New York, and sent to a firm of attorneys in Wisconsin a commercial claim against a manufacturing corporation in the plaintiff’s county for collection.
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Action by a sheriff to recover on an oral contract of indemnity. Verdict for the plaintiff. Motion to direct a verdict for the defendant reserved until after verdict; also motion on the minutes for a new trial.. The plaintiff was sheriff of Fond du Lac county, state of Wisconsin. The defendants were merchants in the state of New York, and sent to a firm of attorneys in Wisconsin a commercial claim against a manufacturing corporation in the plaintiff’s county for collection. The said attorneys brought an action on the said debt against the said corporation and obtained therein an attachment…
1Opinion of the Court
Gaynor, J.:
1. The law of Wisconsin is, as proved on the trial, that in the case of debts sent from other states to attorneys in that state for collection, the attorney has the authority to indemnify the sheriff for his clients in order to induce him to levy (Clark v. Randall, 9 Wis. 135). The defendants were therefore indemnitors of the plaintiff.
The law is the contrary in this state (Welsh v. Cochran, 63 N. Y. 181), and the trouble is that the complaint does not allege the law of Wisconsin, which was proved under exception ; and whether correctly or not, it is the established rule in this…
2Cases cited7 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Monroe v. . DouglassNew York Court of Appeals · 1851
- Welsh v. . CochranNew York Court of Appeals · 1875
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
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