Martin v. Berwick
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Katharine Martin against Isabella Berwick. From an order denying a sheriff’s application for poundage, he appeals. Order reversed, and payment of fees directed.
1Opinion of the CourtBijur, J.
After the sheriff had attached the account of the judgment debtor in a savings bank, judgment was rendered. Thereafter a receiver in supplementary proceedings was appointed, which demanded and received the amount of the account from the bank. The .sheriff demanded possession of this fund from the receiver, but was refused. Finally the receiver’s account was passed by the court, and the sheriff’s application for poundage denied “because of failure to collect.”
The only ground for such denial which appears in the papers is the statement of plaintiff’s attorney that he “called at the office of…
2Cases cited4 opinions
- Lawlor v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1905
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1906
- Wilkinson v. RaymondAppellate Division of the Supreme Court of the State of New York · 1903