Parsons v. Bowdoin

Decided May 15, 1837

New York Supreme Court · decided 1837-05-15

This was an action of assumpsit, tried at the Monroe circuit in May, 1835, before the Hon, Addison Gardiner, one of the circuit judges. This suit was brought by the plaintiff as sheriff of the county of Monroe, to recover the poundage and other fees upon a ji. fa. issued by the defendant attorney for the plaintiffs in the execution. The amount directed to be levied was about §4,200 with interest.

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Decided 1837-05-15

How this case has been cited

Cited by 6 later decisions — most recently August 1988

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Bronson, J.

¶2The attorney directed the sheriff on what property to levy; the levy was made in pursuance of his instructions, and the property was of sufficient value to satisfy the execution. The creditor afterwards arranged the matter with the debtor—taking the notes of a third person for the amount of a judgment—and ordered the sheriff to proceed no further. In such a case, I think the sheriff entitled to poundage on the whole sum directed to be levied; and that it was no answer to the claim to show that the property would probably have brought little or nothing if it had been sold. It is unnecessary to consider what would be the rights of the sheriff if he had not been particularly instructed as to what he should do, or if the judgment had not, in effect, been satisfied. The eases of Hildreth v. Ellis, (1 Caines, 192), and Bolton v. Lawrence (9 Wendell, 435), go far enough to decide the one under consideration.

¶3New trial granted.