Torts · MBE-tested
Frank G. Maucher, Appellant, v. Charles T. Hartzheim, Respondent
121 A.D. 588·New York Supreme Court, Appellate Division·1907·NY
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Opinion
Frank G. Maucher, Appellant, v. Charles T. Hartzheim, Respondent.
Second Department,
October 23, 1907.
County clerk—search. — negligence.
A county clerk under requisition to search against Catherine Joyce, wife. o£ ■ Edward Joyce,” is not negligent in failing to list a judgment against “ Cassie Joyce.”
Appeal by the plaintiff, Frank G. Mauchér, from- a judgment of the Municipal Court of the city of Mew York in- favor of. the defendant.
C. W. Wilson, Jr., for the appellant.
Ferd W. Buermeyer, for the respondent.
[MAJORITY — Gaynor, J.:]
Gaynor, J.:
The plaintiff made a requisition on the. defendant, who is the clerk .of Kings county, for a search against “Catherine Joyce, wife of Edward Joyce”, and this action is against' the said clerk for damages for negligence in omitting from his return a judgment against Cassie Joyce. . “ Cassie ” is said to be a diminution of Catherine, like Katie, but if.it be it is not gpnerally known or used as such, We are referred to no authority which would, sustain. the conclusion that the' omission of'the judgment was negligence.
The. judgment is affirmed.
Hirschberg P. J., Woodward, Rich and Miller, JJ., concurred.
Judgment of the Municipal-Court affirmed^ with costs.