Appellate Terms of the Supreme Court of New York December 15, 1904 (Prividi v. O'Brien)

Freedman, P. J.

The prior history of this case sufficiently appears in the report of the case of G-arofalo v. Prividi, 43 Misc. Rep. 359. The present action arises out of the claim of one of the sureties of the plaintiff against the sheriff for damages sustained by reason of a false return made by the sheriff to an execution issued against the person of the plaintiff, which claim was assigned by