Stegman v. Hollingsworth
New York Supreme Court
Appeal from special term,- Kings county. Action by Lewis E. Stegman against Henry S. Hollingsworth and Francis S. Hodgekinson, on an under-sheriff’s official bond.
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Appeal from special term,- Kings county. Action by Lewis E. Stegman against Henry S. Hollingsworth and Francis S. Hodgekinson, on an under-sheriff’s official bond. Defendant Hollingsworth answered the complaint, setting up new matter, to which plaintiff replied, denying “each and every allegation of said defendant’s answer which sets up or alleges a counter-claim to-the claim of plaintiff. ” Defendant Hollingsworth appeals from an order denying a motion made by him to strike out the reply. Affirmed. For appeal from order overruling demurrer, see 14 ÍL Y. Supp. 465.
1Opinion of the CourtBarnard, P. J.
The plaintiff was sheriff of Kings county. The defendant Hodgekinson was his under-sheriff, and defendant Hollingsworth was surety of Hodgekinson to the sheriff. The under-sheriff got $3,400 as under-sheriff and did not pay it over. This action is brought to recover the amount of the surety. The answer avers that portions of the money collected was paid out for taxes and assessments and for other purposes; that the under-sheriff had paid out the money or part of it to an iron company, with plaintiff’s assent. It is perhaps a question whether these defenses are designed to set out payments or…
2Cited by2 opinions
- Stegman v. HollingsworthAppellate Division of the Supreme Court of the State of New York · 1896
- Stegman v. HollingsworthNew York Supreme Court · 1896