Edmund A. Saunders, Respondents v. Bernard Reilly, Late Sheriff

Summary

The New York Court of Appeals reversed the lower court's judgment that had directed a verdict for the plaintiffs in an action against the sheriff for a false return. The court held that the sheriff’s execution and sale of partnership property under a joint judgment were proper, and that plaintiffs, as general creditors of the partnership, possessed no lien on the partnership assets. Consequently, the sheriff’s return was not false and the case was remanded for a new trial.