Codwise v. Field

Headnote

Where a ca. sa. against a sheriff was coroner, who, riff, gave him ^ H6C61pl. 1IH full for the t^ti\Tcet.°sa. to^setuf^the amount with but failed* to held”’thatadmittin£ thc coroner was authorized to debt In mo” ney, on the ca. sa. yet it must be ati actual and absolute payment of so much cash to him, for the plaintiff ; and that the agreement between the sheriff and coroner, was no payment or satisfaction of the debt

A MOTION was made to set aside the ca. sa. issued to the sheriff of New-York in this cause, and all subsequent proceedings, * . , and that the sheriff pay the amount of the money levied on the ca. sa. to the defendant.

From the affidavits which were read, it appeared that a ca. sa. issued against the defendant, who was sheriff of Dutchess county, is v at the suit of the plaintiff, directed to the coroner, who, on the 3d April, 1811, gave to the sheriff a receipt in full, of the debt and costs on the ca. sa. No money was actually paid by the sheriff but the coroner being indebted to him for the amount, for money previously lent, it was agreed by the coroner that the receipt should be considered as payment of so much; and that the coroner should take upon himself to pay the amount of the ca. sa. t o the plailltlft.

In November, 1811, the defendant was arrested in the city of New-York, on another ca. sa. at the suit of the plaintiff, for the same debt ;and on paying the amount into the hands of the sheriff of the city of New-York, was discharged by order of the recorder, who directed the sheriff to retain the money in his hands until the next term of this court.

The coroner paid no part of the debt to the plaintiff; but in December, 1811, obtained his discharge under the insolvent act passed the 3d April, 1811.

The motion of the defendant made at the last term was, by consent, postponed for the decision of the court at this term.