Flack v. Thaxter — 39 N.Y. St. Rep. 197

Majority

p. 197

James A. Flack, late Sheriff, Resp’t, v. Samuel Thaxter et al., App’lts.

(City Court of New York, General Term,

Filed May 8, 1891.)

Headnote

Sheriff—Liability of indemnitors.

A sheriff is under no obligation to his indemnitors, without request, to

p. 198

insure property seized by him under process, and held until the settlement of a disputed claim; and where the property is lost by fire, they will be obliged to repay to him the amount he was required to pay by reason of such loss.

Appeal from judgment entered on verdict of jury in favor of plaintiff.

Beltz & Large, for app’lts; David Tim, for resp’t.

—The action is ón bonds of indemnity to the sheriff, and by the judgment-herein the sheriff recovers the amount he was obliged to pay by reason of doing the acts he was required to do and was indemnified against

There was no proof of negligence on the part of the plaintiff, or that he, of his own volition, did or omitted to do any act whereby the damages were created or increased. He was under no obligation, .without request, to insure the property lost by fire ; and there being a disputed claim of title tó the property seized, it could not be safely determined whether any part of the property ought to be returned to the defendant in the original action, or to the claimants of it.

Ho injustice has been done to the defendants. The judgment herein hereby indemnifies the sheriff, and that is what the defendants agreed to do.

We find no error. Judgment affirmed, with costs.

Fitzsimons and McCarthy, JJ., concur.