Denton v. Livingston
New York Supreme Court
THIS was an action of assumpsit. Besides the usual money counts, the declaration contained two special counts; 1. That the defendant, on the 20th June, 1811, being indebted to the plaintiffs in 1,000 dollars, for so much money by the defendant before that time collected and received on a writ of venditiomi exponas, issued out of this court and directed to, and received by, the defendant, as sheriff of the county of Columbia, at the suit of the plaintiffs, against the goods,…
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THIS was an action of assumpsit. Besides the usual money counts, the declaration contained two special counts; 1. That the defendant, on the 20th June, 1811, being indebted to the plaintiffs in 1,000 dollars, for so much money by the defendant before that time collected and received on a writ of venditiomi exponas, issued out of this court and directed to, and received by, the defendant, as sheriff of the county of Columbia, at the suit of the plaintiffs, against the goods, &c. of one Samuel Edmomds, &c. for 631 dollars and 12 cents, damages and costs, &c. and being so indebted, the…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
It is not a question, upon the present motion, whether the last count stated in the case was properly joined with the other counts. The first special count stated, is upon an implied assumpsit to pay the amount of moneys collected and received upon the writ of -venditioni exponas, and the point is, how far the evidence supports the count. '
There is no doubt but that a sheriff is responsible in assumpsit, upon the facts stated in that count. (W. Jones, 430. Hob. 206.) It might be a question whether, after the sale, the sheriff was not concluded…
2Cited by24 opinions
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- Bank of Orange County v. WakemanNew York Supreme Court · 1823
- Wood v. ConradSouth Dakota Supreme Court · 1892
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