Lindsey v. Mexican Crude Rubber Co.
District Court, S.D. New York
At Law. Action' by Thomas S. Lindsey against the Mexican Crude Rubber Company. On motion of the sheriff of New York county for an order fixing and taxing fees and poundage.
1Opinion of the Court
NOYES, Circuit Judge.
[1,2] The defendant having recognized the validity of the attachment by giving the undertaking to have it discharged (Jones v. Gould, 114 App. Div. 123, 99 N. Y. Supp. 789), I fail to see how it is now in a position to raise the question of validity. Moreover, the property attached having been in the hands of a third person subject to liens, the levy seems to have been made in accordance with the Code. I do not see how the sheriff could have taken such property out of the hands of the lienor.
[3] The attachment having been discharged by the substitution of an undertaking,…
2Cases cited4 opinions
- Esselstyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Plummer v. International Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1906
- Esselsteyn v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903