Acker v. Ledyard
New York Supreme Court
Error to the superior court of the city of New-York. Susan Ledyard, the defendant in error, sued Acker, as sheriff of the city and county of New-York, to recover the amount of rent due to her from a tenant, Mrs. McElroy, whose goods it was alledged the defendant had levied upon and sold, notwithstanding the plaintiff had caused an affidavit and notice of the amount of rent due to her to be served upon the sheriff, previous to the sale.
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Error to the superior court of the city of New-York. Susan Ledyard, the defendant in error, sued Acker, as sheriff of the city and county of New-York, to recover the amount of rent due to her from a tenant, Mrs. McElroy, whose goods it was alledged the defendant had levied upon and sold, notwithstanding the plaintiff had caused an affidavit and notice of the amount of rent due to her to be served upon the sheriff, previous to the sale. The defendant pleaded the general issue. On the trial, before Oakley, justice, in Nov. 1840, the jury found a verdict for the plaintiff for $290,78; and the…
1Opinion of the Court
By the Court, Edwards, J.
It appears from the error book that in the month of October, 1839, Sarah McElroy occupied the premises known as No. 51 Greenwich-street, as tenant of Mrs. Ledyard, the defendant in error; that during said month of October an execution was issued ¿gainst Mrs. McElroy in favor of John M. Bixby, which was levied upon her household furniture: that shortly after the execution was issued, the defendant in error caused an affidavit and notice of rent due to the amount of $570, to be served upon the sheriff. It further appears that after service of such notice the defendant…
2Cases cited4 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Jackson ex dem. Malin v. MalinNew York Supreme Court · 1818
- Mickles v. HartCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- In re Barber's WillNew York Supreme Court · 1895
- In re the Estate of DarrowNew York Surrogate's Court · 1909
- Robinson v. BrennanNew York Supreme Court · 1877