
    Kellogg v. Williams.
    This was an action against tbe sheriff of Hartford county, for tbe nonfeasance of one of bis deputies, in not levying and returning several writs of execution, in favor of tbe plaintiff. Tbe case was — That tbe late Mr. Hosmer having large demands against Kellogg, received of him, to collect and apply on account of said demands, certain promissory notes, from which arose three executions, which were tbe foundation of this suit. Tbe executions were, by Mr. Hos-mer, delivered into tbe bands of one Sumner, then a deputy of tbe defendant: Two of them be collected, and accounted for with Mr. Hosmer in bis life; for tbe other be gave bis note afterwards to Mr. HosmePs administratrix, who indorsed tbe execution satisfied.— These facts were put in issue, and a verdict found for tbe defendant. The plaintiff moved in arrest, on tbe ground, that tbe issue was immaterial.
    Tbe question upon tbe motion was, whether tbe settlement of tbe last execution with tbe administratrix was authorized, and bars tbe plaintiff? — For tbe plaintiff, it was contended, that as to him it was void: That Mr. Hosmer bad no power but that of an attorney, which died with him, and could not vest in bis administratrix: — But,
   By the Court.

The casé is — That Mr. Hosmer bad tbe executions, not merely as an attorney, but as an assignee, to discount the avails upon his demand against Kellogg; and had, therefore, a property o. interest in the executions, which came to his administrativand validated the settlement with her, as to all persons concerned.

The motion was, therefore, ruled insufficient.  