Livingston & Tracy v. M'Inlay
New York Supreme Court
AN execution had been issued in the cause first above mentioned, on which the sheriff was directed to levy 1,653 dollars, and 91 cents; and in the second cause, for 289 dollars and 53 cents.
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AN execution had been issued in the cause first above mentioned, on which the sheriff was directed to levy 1,653 dollars, and 91 cents; and in the second cause, for 289 dollars and 53 cents. The sheriff levied on the first-mentioned execution, 1,322 dollars, and 49 cents, and had paid over to 7 7 7 7 1 the plaintiffs, L. T. 966 dollars, and 17 cents, and held * the residue, to be paid to either of the above parties, • • • • plaintiffs, as should be adjudged to be entitled to receive the money. The affidavit of Tracy stated, that the judgment was entered up, on a bond for 4,000 dollars,…
1Per curiam
It was part of the original agreement at the time the judgment was entered, that it should be a security for future advances, beyond the amount, then actually due to the plaintiffs We see no solid objection to this, any more than to a mortgage being held as security for future advances; so far, at least, as the amount of the condition of the bond. If the amount of the advances, or responsibilities, exceeded the condition of the bond, it would present a different question. Under the circumstances of this case, we think the motion ought not to be granted.
Motion denied.
2Cited by10 opinions
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Averill v. LoucksNew York Supreme Court · 1849
- Truscott v. KingNew York Supreme Court · 1849
- Craig v. TappinNew York Court of Chancery · 1844
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