Farley v. Gibbs — 22 N.Y. St. Rep. 94

Majority

p. 94

Charles B. Farley, as Sheriff, and Alice R. Symons Resp’ts, v. Josephine A. Gibbs, App’lt.

(Supreme Court, General Term, Second Department,

Filed February 11, 1889.)

Headnote

1. Jurisdiction—Justice's court.

The plaintiff Symons obtained an attachment against one William Symons, and under it the sheriff attached the books of account of the debtor. Leave was granted the plaintiff to sue the defendant for an account due the debtor in his own name, joined with the name of the sheriff. The action was brought in a justice's court and the plaintiff-in the action elected to take judgment for $250: Held, that the justice had jurisdiction.

S. Evidence—Books of account—Original book of entries.

Entries in the original book of sales made during the day is sufficient proof of such sales, without the production of the original order book.

Appeal from a judgment of the Kings county court in favor of the plaintiff.

Rollin E. Beers, for app’lt; John F. Lott, for resp’ts.

—The plaintiff obtained an attachment against the of William Symons.

Under this attachment the sheriff attached the books of account of the debtor. Under section 678 of the Code, leave was granted for the plaintiff to sue the defendant for an account due the debtor in his own name, joined with the name of the sheriff. This was done by an action brought in a justice’s court of the city of Brooklyn.

The complaint demanded $250, and upon the trial the evidence showed a larger sum to bé really due. but the plaintiff elected to take judgment for the sum of $250.

There is no evidence why the judgment should be reversed. The jurisdiction of the court depended on the amount claimed and the amount for which judgment was. rendered. The proof of the claim was sufficient.

The entries in the book were made by the clerk, Parrah, every day. The original order book was not essential. The original book was produced. The entry was made in that every afternoon by the clerk who made the sales during the day.

The judgment should be affirmed, with costs.

All concur.