Richtmeyer v. . Remsen
New York Court of Appeals
Action to recover of tlie Defendant, Sheriff of Kings county, the amount of an execution against one Searle, issued out of the Supreme. Court against the body of the judgment-debtor, and delivered to the Defendant for collection. The Defendant arrested Searle, and duly admitted him to the liberties of the jail of Kings county.
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Action to recover of tlie Defendant, Sheriff of Kings county, the amount of an execution against one Searle, issued out of the Supreme. Court against the body of the judgment-debtor, and delivered to the Defendant for collection. The Defendant arrested Searle, and duly admitted him to the liberties of the jail of Kings county. Searle, after being so admitted, escaped therefrom to the city of Hew York, and while so absent therefrom this action was commenced. ' The Defendant, in his answer, alleged that he had admitted Searle to the liberties of the jail, and that Searle, after his escape…
1Opinion of the CourtGrover, J.
The judgment-record in the action of the Plaintiff against Searle showed that one Johnson had a cause of action against the former for the conversion of personal property; that Johnson assigned such cause of action to the Plaintiff j who commenced the action thereon, as assignee, against Searle, and recovered the judgment upon which the execution was issued.
The ground of objection to the record was, that the cause of action was not assignable. There are two answers to this: Pirst, the objection, if available, could only be taken in the action against Searle. The recovery of the judgment in…
2Cases cited2 opinions
- Haight v. . HaytNew York Court of Appeals · 1859
- Wesson v. . ChamberlainNew York Court of Appeals · 1850
3Cited by22 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Imperial Film Exch. v. General Film Co.District Court, S.D. New York · 1915
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Rosenwald v. HammersteinNew York Court of Common Pleas · 1884
- DiLallo v. Fidelity and Casualty Company of New YorkDistrict Court, S.D. New York · 1973
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