Radde v. Whitney

New York Court of Common Pleas

Radde v. Whitney

4 E.D. Smith 378

DecidedSeptember 15, 1855

StatusPublished

This text of 4 E.D. Smith 378 (Radde v. Whitney) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Radde v. Whitney, 4 E.D. Smith 378 (N.Y. Super. Ct. 1855).

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Opinion

By the Court.

Daly, J.

This judgment in favor of the defendant must be reversed. Though a levy was made by the sheriff upon property sufficient to satisfy the execution, and he was in possession for a day and a half, he afterwards abandoned the levy, because the plaintiff would not indemnify him, leaving the property in the owner’s possession. This was no satisfaction of the debt, and the surety was. consequently, not discharged. (Peck v. Tiffany, 2 Comst. 456; Waddel v. Elmendorf, 5 Denio, 447; People v. Hopson, 1 Denio, 574.)

Judgment reversed.

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By the Court.

Daly, J.

This judgment in favor of the defendant must be reversed. Though a levy was made by the sheriff upon property sufficient to satisfy the execution, and he was in possession for a day and a half, he afterwards abandoned the levy, because the plaintiff would not indemnify him, leaving the property in the owner’s possession. This was no satisfaction of the debt, and the surety was. consequently, not discharged. (Peck v. Tiffany, 2 Comst. 456; Waddel v. Elmendorf, 5 Denio, 447; People v. Hopson, 1 Denio, 574.)

Judgment reversed.

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Bluebook (online)

4 E.D. Smith 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/radde-v-whitney-nyctcompl-1855.

Opinion

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