Legal Opinion

Hayes v. Davidson

New York Supreme Court

Decided November 11, 1884Published

Appeal from an order substituting in place of the defendant, the sheriff of New York, the obligors in bonds of indemnity given to him, to indemnify him against loss by reason of his holding certain property seized by him, against the claim of the plaintiff in the above entitled action.

1Opinion of the Court

Daniels, J.:

The property in suit and for the value of which the plaintiff, as substituted assignee, claims to recover against the sheriff, consisted of a stock of goods and fixtures contained in the store 28 "West Twenty-third street, occupied by Duncan A. Gramc. lie had .previously made a general assignment for the benefit of his creditors, to a predecessor of tiie plaintiff, who commenced this action as substituted assignee. After the assignment, the property was seized by the sheriff on the 4th of January, 1884, under four attachments and one execution, issued in favor of as many different…

2Cases cited3 opinions

  1. Herring v. . HoppockNew York Court of Appeals · 1857
  2. Herring v. HoppockThe Superior Court of New York City · 1854
  3. Malcom v. . O'ReillyNew York Court of Appeals · 1882

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