New York County National Bank v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The. American Surety Company of New York, substituted as defendant in place of Thomas J. Dunn, as sheriff of the county of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the Yth day of March, 190-1, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The. American Surety Company of New York, substituted as defendant in place of Thomas J. Dunn, as sheriff of the county of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the Yth day of March, 190-1, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action to recover damages for the seizure and conversion of goods by- the sheriff under warrants of attachment issued against the property of the firm of J. Healy & Co. The surety company having indemnified .the sheriff, became substituted as defendant and took the appeal.
*155During the period of eight years prior to the 18th day of May, .1898, J. Healy & Co. had transacted a general banking business with the respondent bank which had received their deposits, paid their checks and from time to time discounted, their paper. On the last-named day this firm was indebted to…
2Cases cited8 opinions
- Manning v. . BeckNew York Court of Appeals · 1891
- Youngs v. . LeeNew York Court of Appeals · 1855
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
- Commercial Bank v. . SherwoodNew York Court of Appeals · 1900
- State ex rel. Salomon v. MasonSupreme Court of Missouri · 1892
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- Reid v. Rhode Island CompanySupreme Court of Rhode Island · 1907
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