62 Barb. 420 | N.Y. Sup. Ct. | 1862
By the Court,
There was no consideration shown for the agreement of the defendant. The allegation is, that the defendant agreed if the plaintiff would delay the sale pursuant to the levy, he, the defendant,
As to the second cause- of action, it seems to me to be impossible to suggest any reasonable ground on which it can be maintained. As stated, it comes to this; the sheriff* levies on property in which a third person has an insur
Mullin, Morgan and Bacon, Justices.]
The order appealed from should be affirmed, with leave to the plaintiff to amend on payment of costs.