Dunderdale v. Sauvestre
New York Court of Common Pleas
Appeal from an order at special term, by Daly, J., directing the sheriff to pay the proceeds of a sale of the property of the defendant to the plaintiff, Dunderdale, instead of to Jacot, the appellant. In December, 1859, the defendant Sauvestre confessed judgment in favor of one Jacot, for $1,000. On May 22, 1860, an execution was duly issued thereon to the sheriff of New York city.
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Appeal from an order at special term, by Daly, J., directing the sheriff to pay the proceeds of a sale of the property of the defendant to the plaintiff, Dunderdale, instead of to Jacot, the appellant. In December, 1859, the defendant Sauvestre confessed judgment in favor of one Jacot, for $1,000. On May 22, 1860, an execution was duly issued thereon to the sheriff of New York city. Subsequently, but on the same day, at the urgent request of Sauvestre, Jacot’s attorney wrote to the sheriff the following note: “ It is the desire of the plaintiff simply to make a levy, só as to claim a…
1Opinion of the Court
By the Court.*— Brady, J.
—The attorney for the plaintiff sent with the execution issued herein, a paper, in which he stated: “ It is the desire of the plaintiff to simply make a levy, so as to claim a preference. There is no need of keeping a man in charge. I am sure nothing will be removed.” The object of the paper, as appears upon its face, and the effect of it upon the sheriff, was necessarily delay. It was equivalent to saying: “After the levy don’t remove the property, and don’t sell until some other process is received.” This is apparent from the declaration that it was the desire of…
2Cases cited6 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Russell v. GibbsNew York Supreme Court · 1826
- Camp v. ChamberlainNew York Supreme Court · 1848
- Dresser v. AinsworthNew York Supreme Court · 1850
- Benjamin v. SmithNew York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kennedy v. BurrNew York Supreme Court · 1888