Walter v. . Middleton
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of defendants entered upon a verdict. This action was brought by plaintiff, late sheriff of the county of Kings, upon a bond given by defendant Middleton, for the faithful discharge of his duties as plaintiff’s deputy sheriff.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of defendants entered upon a verdict. This action was brought by plaintiff, late sheriff of the county of Kings, upon a bond given by defendant Middleton, for the faithful discharge of his duties as plaintiff’s deputy sheriff. Plaintiff claimed to recover damages alleged to have been sustained by him by reason of the neglect of Middleton to arrest one Rogers upon a body execution. It appeared that in an action by one Gibson against said Rogers an order of arrest was issued and Rogers was held…
1Opinion of the CourtRapallo, J.
It is difficult to sustain the judgment in this case on the ground upon which the verdict appears to have been directed. The evidence shows that Middleton, the deputy, was well acquainted with Rogers, the execution debtor, and could have found him, and it was admitted on the trial that Middleton might and could, but omitted to and did not, arrest Rogers while the process was in his hands. His returning the process and omitting to arrest Rogers was a clear breach of duty which rendered him and his sureties hable to the sheriff for any damages sustained by him in consequence thereof. The fact…
2Cases cited1 opinion
- Cozine v. . WalterNew York Court of Appeals · 1873
3Cited by2 opinions
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942